Del. C. » Title 13 — · CHAPTER 11. Termination and Transfer of Parental Rights in Adoption Proceedings · Domestic Relations
Delaware Code

13 Del. C. § 1104 (2026)

Eligibility to petition for termination of parental rights [Effective Dec. 6, 2026]

✓ current as of May 2026
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A petition for the termination of parental rights may be filed by any of the following:

(1) A parent or presumed parent of the child.

(2) A relative of the child.

(3) DSCYF or a licensed agency.

(4) A guardian or permanent guardian of the child.

48 Del. Laws, c. 135, §  3;  13 Del. C. 1953, §  1104;  49 Del. Laws, c. 57, §  1;  50 Del. Laws, c. 17, §  1;  50 Del. Laws, c. 534, §  2;  59 Del. Laws, c. 466, §  17;  60 Del. Laws, c. 241, §  10;  62 Del. Laws, c. 420, §§  8, 9;  64 Del. Laws, c. 108, §  6;  68 Del. Laws, c. 276, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 32, §  4;  83 Del. Laws, c. 226, § 4;  85 Del. Laws, c. 276, § 115; 
Notes of Decisions
Cited in 9 cases, 1973–2019 · leading case: In Re Bunting, 311 A.2d 855 (Del. 1973).
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In Re Bunting, 311 A.2d 855 (Del. 1973). · cites it 7× “” The determinative issue before this Court is whether the Aurillos have standing, under 13 Del.C. § 1104, to petition for termination of parental rights in this case.”
Adoption House, Inc. v. A.R., 820 A.2d 402 (Del. Fm. Ct. 2004). “3 As licensed agencies, both “AHI” and “AFTH” are among the class of individuals authorized to file petitions under 13 Del. C. § 1104 provided that they file the Petition in the appropriate county of venue under 13 Del.”
In Re Dingee, 316 A.2d 555 (Del. 1974). · cites it 5× “She is not included in any of the several categories of persons eligible to file such petition under the provisions of 13 Del.C. § 1104. The petitioner makes the argument here that her eligibility is covered by 13 Del.”
In Re Dingee, 328 A.2d 139 (Del. 1974). “* We do not reach the retroactive effect of 13 Del.C. § 1104(5) which was signed into law on July 17, 1974 by Governor Tribbitt and which provides, inter alia, that one parent alone may petition for termination of parental rights if the other parent is incompetent by virtue of…”
S.L. v. A.L., 735 A.2d 433 (Del. Fm. Ct. 1999). “Under 13 Del. C. § 1104, a minor cannot file a Petition for Termination of Parental Rights.”
Whitmore v. Robinson (Del. 2019). “First, § 1103(a)(5) begins by addressing “[t]he parent or parents of a child,” but omits “parent” from the second requirement’s enumerated list of potential homes.41 Then, in the following sections, the statute expressly distinguishes between the “parents of a child” and a…”
Whitmore v. Robinson (Del. 2019). “First, § 1103(a)(5) begins by addressing “[t]he parent or parents of a child,” but omits “parent” from the second requirement’s enumerated list of potential homes.41 Then, in the following sections, the statute expressly distinguishes between the “parents of a child” and a…”
S.L. v. A.L., 735 A.2d 433 (Del. Fm. Ct. 1999). “Under 13 Del. C. § 1104, a minor cannot file a Petition for Termination of Parental Rights.”
Sl v. Al, 735 A.2d 433 (Del. Fm. Ct. 1999). “[38] Under 13 Del. C. § 1104, a minor cannot file a Petition for Termination of Parental Rights.”
— 13 Del. C. § 1104(3) — 2 cases
Whitmore v. Robinson (Del. 2019). “First, § 1103(a)(5) begins by addressing “[t]he parent or parents of a child,” but omits “parent” from the second requirement’s enumerated list of potential homes.41 Then, in the following sections, the statute expressly distinguishes between the “parents of a child” and a…”
Whitmore v. Robinson (Del. 2019). “First, § 1103(a)(5) begins by addressing “[t]he parent or parents of a child,” but omits “parent” from the second requirement’s enumerated list of potential homes.41 Then, in the following sections, the statute expressly distinguishes between the “parents of a child” and a…”
— 13 Del. C. § 1104(5) — 2 cases
In Re Bunting, 311 A.2d 855 (Del. 1973). “” The determinative issue before this Court is whether the Aurillos have standing, under 13 Del.C. § 1104, to petition for termination of parental rights in this case.”
In Re Dingee, 328 A.2d 139 (Del. 1974). “* We do not reach the retroactive effect of 13 Del.C. § 1104(5) which was signed into law on July 17, 1974 by Governor Tribbitt and which provides, inter alia, that one parent alone may petition for termination of parental rights if the other parent is incompetent by virtue of…”
— 13 Del. C. § 1104(6) — 1 case
In Re Dingee, 316 A.2d 555 (Del. 1974). “She is not included in any of the several categories of persons eligible to file such petition under the provisions of 13 Del.C. § 1104. The petitioner makes the argument here that her eligibility is covered by 13 Del.”
— 13 Del. C. § 1104(7) — 1 case
In Re Bunting, 311 A.2d 855 (Del. 1973). “” The determinative issue before this Court is whether the Aurillos have standing, under 13 Del.C. § 1104, to petition for termination of parental rights in this case.”
— 13 Del. C. § 1104(8) — 1 case
In Re Dingee, 316 A.2d 555 (Del. 1974). “She is not included in any of the several categories of persons eligible to file such petition under the provisions of 13 Del.C. § 1104. The petitioner makes the argument here that her eligibility is covered by 13 Del.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.