2019 Delaware Code
Title 13 - Domestic Relations
Chapter 11. Termination and Transfer of Parental Rights in Adoption Proceedings
§ 1107A Notice of hearing to terminate and transfer parental rights.
(a) Notice of the time, place and purpose of the hearing shall be served upon the parent or parents, person or persons or organization holding parental rights at the respondent’s last known address or to the address recited in the petition.
(b) No such notice of hearing shall be necessary if a waiver executed by the parent or parents, person or persons or organization holding parental rights has been filed with the petition, in accordance with § 1106A(b) of this title. The Court may require notice to be served upon any other person or organization.
(c) If, at any time in a proceeding for termination of parental rights, the Court finds that an unknown father of the child may not have received notice, the Court shall determine whether he can be identified. The determination must be based on evidence that includes a review of:
(1) The information required by § 1105(a)(9) of this title;
(2) Whether the woman has filed for or received payments or promises of support, other than from a governmental agency, with respect to the child or because of her pregnancy; and
(3) Whether any individual has formally acknowledged or claimed paternity of the child.
(d) If inquiry pursuant to subsection (c) of this section identifies as the father of the child an individual who has not received notice of the proceeding, the Court shall require notice to be served upon him pursuant to this section.
(e) If, in an inquiry pursuant to this section, the woman who gave birth to the child and who is consenting to the termination of her parental rights fails to disclose the identity of a possible father or reveal his whereabouts, she must be advised by the petitioner that the proceeding for adoption may be delayed or subject to challenge if a possible father is not given notice of the proceeding and that the lack of information about the father’s medical and genetic history may be detrimental to the child.
(f) If the Court shall find that personal service within the State cannot be accomplished upon the parent or parents, person or persons or organization holding parental rights, the Court shall then cause notice of the time, place and purpose of the hearing to be published once a week, for 3 successive weeks, in such newspaper of the county, 1 or more, as the Court may judge best for giving the parent or parents, or person or persons or organization holding parental rights notice, the formal wording of said notice to be approved by the Court. Publication shall also be made in the locality in which the parent or parents, person or persons or organization holding parental rights is believed to be located if different from the county where the publication just described has been caused. The Court may, upon request by the petitioner, order that personal service and publication occur simultaneously.
(g) If any publication is ordered pursuant to subsection (f) of this section, the Court shall also order that the Clerk of the Court, at least 3 weeks prior to the hearing, send by regular and registered or certified mail to the parent or parents or person or persons or organization holding parental rights, at the address or addresses given in the petition, a copy of the same notice, or a similar notice of the time, place and purpose of the hearing.
(h) Personal service at any time prior to the hearing shall be sufficient to give jurisdiction.
(i) Notice provided pursuant to this section shall constitute conclusive evidence of service and a hearing will then proceed at the time and date set, with or without the appearance of the parent or parents, person or persons or organization so notified.
(j) The Budget Act shall provide the Department with appropriated special fund (ASF) authority in order to provide public notice of court action or actions involving minors under the Department’s custody whose parents’ whereabouts are unknown, per Family Court rules. Any other fees, assessments, costs or financial obligations imposed by Family Court for the issuance and service of subpoenas or summons by way of court rules, regulations or administrative procedures may not be charged to the Department. Any such costs associated with these procedures shall be the financial responsibility of Family Court.
73 Del. Laws, c. 171, § 13; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 319, § 1.
