Delaware § 914 Death, divorce, annulment, separation of petitioner pending proceeding

Delaware Statutes

§ 914 — Death, divorce, annulment, separation of petitioner pending proceeding

Delaware·Title 13·Ch. 9 ADOPTION·Subch. Minors

(a)In the event of the death of a sole petitioner, or of both petitioners, the proceedings shall abate and the petition shall be dismissed.

(b)When, after a petition for adoption has been filed, 1 of 2 petitioners dies, or as a result of divorce, annulment or separation, legal or otherwise, the petitioners would no longer be qualified to petition jointly, the proceedings shall be stayed. The Family Court in which the petition was originally filed shall then decide on the basis of a report to be obtained by it from the Department or licensed agency, whether the proceedings shall continue or whether the petition should be dismissed.

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(a) In the event of the death of a sole petitioner, or of both petitioners, the proceedings shall abate and the petition shall be dismissed.

(b) When, after a petition for adoption has been filed, 1 of 2 petitioners dies, or as a result of divorce, annulment or separation, legal or otherwise, the petitioners would no longer be qualified to petition jointly, the proceedings shall be stayed. The Family Court in which the petition was originally filed shall then decide on the basis of a report to be obtained by it from the Department or licensed agency, whether the proceedings shall continue or whether the petition should be dismissed.

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Legislative History

Code 1935, § 3551O; 48 Del. Laws, c. 134, § 3 ; 13 Del. C. 1953, § 914; 57 Del. Laws, c. 402, § 2 ; 62 Del. Laws, c. 402, § 1 ; 64 Del. Laws, c. 108, § 6 ; 68 Del. Laws, c. 259, § 1