2012 Delaware Code
Title 13 - Domestic Relations
CHAPTER 11. TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS
§ 1108. Order of termination and transfer of parental rights.

(a) Should the Court find the termination of existing parental rights and their transfer to be in the best interest of the child, it shall make an order terminating such rights in the parent or parents, person or persons or organization in which they have existed and transferring them to some other person or persons or the Department or a licensed agency as may, in the opinion of the Court, be best qualified to receive them.

(b) In the case of proceedings based on § 1103(a)(1) of this title in which all individuals entitled to consent have waived notice of hearing and the right to appear at such hearing in accordance with § 1106(d) of this title, the Court shall issue its decision and order within 30 days after the filing of the petition and social report. In all other cases, the Court shall issue its decision and order within 30 days following the conclusion of the proceedings.

(c) If a child is abandoned by 1 parent only, the rights of such parent may be terminated without affecting the rights of the other.

(d) Upon the expiration of 6 months from the date of the entry of the order of termination of parental rights of the parent or parents, any irregularities in the proceedings shall be deemed cured, and the validity of such decree shall not thereafter be subject to attack either through collateral or direct proceedings by named parties over whom the Court had established personal jurisdiction.

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.;