2012 Delaware Code
Title 13 - Domestic Relations
CHAPTER 11. TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS
§ 1105. Contents of petition.


13 DE Code § 1105 (2012 through 146th Gen Ass) What's This?

(a) The petition for the termination of parental rights shall state:

(1) Name and place of residence of the petitioner or petitioners;

(2) Name, sex, date of birth and place of birth of the child;

(3) Relationship of the petitioner or petitioners to the child or the fact that no such relationship exists;

(4) The name and address of the mother and the address of the father or presumed father;

(5) Where the name and address of the father is not provided, a statement, with an affidavit from the mother attached to the petition, that:

a. The mother knows the name of the biological father but is unwilling to disclose his name; or

b. The mother does not know the name of the biological father; or

c. The mother knows the name of the biological father and has provided it, but that she has never known his address; and

d. The mother's husband, if she was married at the time of the child's conception or birth, is not the child's biological father.

If the mother is unavailable or refuses to provide the requisite affidavit, the petition shall set forth such information as required by this paragraph as is known to the petitioner;

(6) The name and last known address of the person or persons or organization holding parental rights and the name and address of the person or persons or organization having the care, control or custody of the child;

(7) The grounds for termination of parental rights;

(8) The name and address of the person or persons or of the Department or licensed agency to which parental rights are requested to be transferred;

(9) In addition to other pertinent information, the petition, if either the name or address of the parent or parents is not included, shall furnish detailed information concerning the efforts made to locate the parent or parents. This information shall include a statement that the petitioner has inquired to determine whether the woman who gave birth to the child was married at the probable time of conception of the child, or at a later time, and whether the woman has named any individual as the father on the birth certificate of the child.

(10) A statement that petitioner has explored the possibility of placement of the child with blood relatives, if both parents' rights are being terminated, and the results of such efforts; and

(11) A statement outlining what other placement efforts have been taken, if any.

(12) A statement that each birth parent has been advised of the right to file an affidavit as provided by subchapter III of Chapter 9 of this title.

(b) Executed consents and written certifications required by § 1106 of this title and waivers of notice as permitted by § 1106A of this title shall accompany the petition as exhibits.

(c) In any case in which a petition for the termination of parental rights has been filed pursuant to § 1103(a)(1) of this title and the Department or a licensed agency is a party to the proceeding, there shall be attached to the petition a social report. In any case in which a petition for the termination of parental rights has been filed on any other ground set forth in § 1103(a) of this title and the Department or a licensed agency is a party to the proceeding, a social report shall be filed no later than 1 week prior to the date of the hearing on the petition.

48 Del. Laws, c. 135, § 4; 13 Del. C. 1953, § 1105; 50 Del. Laws, c. 17, § 1; 59 Del. Laws, c. 466, §§ 18, 19; 60 Del. Laws, c. 241, §§ 11, 12; 62 Del. Laws, c. 402, § 9; 64 Del. Laws, c. 108, § 6; 68 Del. Laws, c. 276, § 1; 69 Del. Laws, c. 433, § 8; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 171, §§ 5-7.;

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