2012 Delaware Code
Title 13 - Domestic Relations
CHAPTER 11. TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS
§ 1101. Definitions.

(1) "Abandoned" shall be interpreted as referring to a basis for termination of parental rights as described in § 1103(a)(2) of this title.

a. A minor who has not attained 6 months of age at the time a petition for termination of parental rights has been filed, and for whom the respondent has failed to:

1. Make reasonable and consistent payments, in accordance with the respondent's financial means, for support of the minor; and

2. Visit regularly with the minor; and

3. Manifest the ability and willingness to exercise parental responsibilities if, during this time, the minor was not in the physical custody of the other parent.

b. A minor who has not attained 6 months of age at the time a petition for termination of parental rights has been filed, and for whom the respondent has manifested the unwillingness to exercise parental rights and responsibilities, as evidenced by the respondent's placing the minor in circumstances which leave the minor in substantial risk of injury or death.

c. A minor who has attained 6 months of age at the time a petition for termination of parental rights has been filed, and for whom the respondent, for a period of at least 6 consecutive months immediately preceding the filing of the petition, has failed to:

1. Make reasonable and consistent payments, in accordance with the respondent's financial means, for support of the minor; and

2. Communicate or visit regularly with the minor; and

3. Manifest the ability and willingness to exercise parental responsibilities if, during this time, the minor was not in the physical custody of the other parent.

The respondent's act of abandonment cannot be cured by subsequent conduct. No present intent to abandon the minor need be proved by the petitioner.

(2) "Authorized agency" means any agency duly approved, certified, recognized or licensed by the proper authority of any other state in which that agency is located to place children for adoption.

(3) "Child" means any male or female who has not attained his or her eighteenth birthday.

(4) "Court" shall mean the Family Court of the State.

(5) "Department" means the Department of Services for Children, Youth and Their Families of this State.

(6) "Father" means the biological or adoptive male parent of the child.

(7) "Infant" means any child who is less than 6 months of age.

(8) "Licensed agency" means any agency granted a license by the Department to place children for adoption.

(9) "Mentally incompetent" shall be interpreted as referring to a parent who is unable to discharge parental responsibilities by reason of mental illness, psychopathology, mental retardation or mental deficiency.

(10) "Parental responsibilities" means the care, support and control of the child in a manner that provides for the child's necessary physical needs, including adequate food, clothing and shelter, and that also provides for the mental and emotional health and development of such child.

(11) "Presumed father" means any man who is assumed to be the father of a child in accordance with Chapter 8 of this title.

48 Del. Laws, c. 135, § 1; 13 Del. C. 1953, § 1101; 50 Del. Laws, c. 17, § 1; 53 Del. Laws, c. 102, §§ 1, 2; 57 Del. Laws, c. 363, § 8; 58 Del. Laws, c. 511, § 22; 59 Del. Laws, c. 466, §§ 14, 15; 61 Del. Laws, c. 178, § 2; 62 Del. Laws, c. 420, §§ 5, 6; 64 Del. Laws, c. 108, § 6; 68 Del. Laws, c. 276, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 317, § 1; 72 Del. Laws, c. 431, § 1.;