Delaware § 1108 Order of termination and transfer of parental rights

Delaware Statutes

§ 1108 — Order of termination and transfer of parental rights

Delaware § 1108

Title13

Ch. 11TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS

This text of Delaware § 1108 (Order of termination and transfer of parental rights) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 13, § 1108 (2026).

Text

(a)If the Court finds by clear and convincing evidence both that a ground exists for the termination of existing parental rights and termination and transfer of the rights is in the child’s best interest, the Court shall order the termination of the rights in the parent, person, or organization in which the rights have existed and transfer the rights to another person, DSCYF, or a licensed agency, as the Court determines is best qualified to receive the rights.

(b)(1) In a proceeding under § 1103(a)(1) of this title in which each individual entitled to consent has waived notice of hearing and the right to appear at the hearing under § 1106(e) of this title, the Court shall issue its decision and order within 30 days after the filing of the petition and social report.

(2)In a proceedin

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(a) If the Court finds by clear and convincing evidence both that a ground exists for the termination of existing parental rights and termination and transfer of the rights is in the child’s best interest, the Court shall order the termination of the rights in the parent, person, or organization in which the rights have existed and transfer the rights to another person, DSCYF, or a licensed agency, as the Court determines is best qualified to receive the rights.

(b) (1) In a proceeding under § 1103(a)(1) of this title in which each individual entitled to consent has waived notice of hearing and the right to appear at the hearing under § 1106(e) of this title, the Court shall issue its decision and order within 30 days after the filing of the petition and social report.

(2) In a proceeding under this chapter that does not qualify under paragraph (b)(1) of this section, the Court shall issue its decision and order within 30 days following the conclusion of the proceeding.

(c) An irregularity in a proceeding under this chapter is deemed cured on the expiration of 6 months from the date of the entry of the order of termination of parental rights of a parent, and a party over whom the Court established personal jurisdiction may not attack the validity of the order, either through a collateral or direct proceeding.

Legislative History

48 Del. Laws, c. 135, § 7 ; 13 Del. C. 1953, § 1108; 50 Del. Laws, c. 17, § 1 ; 56 Del. Laws, c. 300 ; 64 Del. Laws, c. 108, § 6 ; 68 Del. Laws, c. 276, § 1 ; 75 Del. Laws, c. 345, § 1 ; 83 Del. Laws, c. 226, § 11