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

13 Del. C. § 1105 (2026)

Contents of petition [Effective Dec. 6, 2026]

✓ current as of May 2026
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(a) A petition for the termination of parental rights must state all of the following:

(1) The petitioner’s name and address.

(2) The child’s name, date of birth, and place of birth.

(3) The petitioner’s relationship to the child or the fact that no relationship exists.

(4) The name and address of each parent or presumed parent, or name and address of the organization holding parental rights.

(5) a. If the name and address of a parent other than the individual who gave birth to the child is not provided under paragraph (a)(4) of this section, a statement with an affidavit from the petitioner must be attached to the petition, stating at least 1 of the following:

1. The the individual who gave birth to the child knows the name of the alleged genetic parent but is unwilling to disclose the alleged genetic parent’s name.

2. The individual who gave birth to the child does not know the alleged genetic parent’s name.

3. The individual who gave birth to the child knows the alleged genetic parent’s name and has provided it, but the individual who gave birth to the child has never known the alleged genetic parent’s address.

4. The individual who gave birth to the child’s spouse at conception or birth of the child is not the child’s parent.

b. If the individual who gave birth to the child is unavailable or refuses to provide the information required under paragraph (a)(5)a. of this section, the petition must include as much information that is required under paragraph (a)(5)a. of this section as the petitioner knows.

c. If the name or address of a parent is omitted, the petition must include detailed information on the efforts made to locate the missing name or address. The information must include a statement that the petitioner has inquired to determine if either of the following apply to the individual who gave birth to the child:

1. The individual was married at or after the probable time of the child’s conception.

2. The individual named another parent on the child’s birth certificate.

(6) The name and address of the person or organization having the care, control, or custody of the child.

(7) The ground for termination of parental rights.

(8) If the child’s parent, guardian, permanent guardian, or relative petitions under § 1103(a)(6) of this title, a detailed statement of why the child would be a dependent child or neglected child in the respondent’s care.

(9) If a petition is filed under § 1103(b) of this title, a detailed statement of the serious physical or emotional harm to the child.

(10) The name and address of the person, DSCYF, or licensed agency to which parental rights are requested to be transferred.

(11) If DSCYF is the petitioner and requesting that both parents’ rights be terminated, a statement that the petitioner has explored the possibility of placing the child with relatives and the results of those efforts.

(12) A statement outlining other placement efforts, if any.

(b) An executed consent or written certification under § 1106 of this title or a waiver of notice under § 1106A of this title must accompany the petition as an exhibit.

(c) If DSCYF or a licensed agency is a party to a petition filed under § 1103(a)(1) of this title and each respondent has waived that respondent’s right to notice under § 1106A of this title, the petition must be accompanied by a social report prepared under § 1107 of this title.

(d) A petition under this chapter must be accompanied by a notarized written consent executed by the person or organization to which parental rights are requested to be transferred, indicating that the person or organization agrees to accept parental rights over the child until an adoption is finalized, unless the petition is filed under § 1103(b) of this title.

(e) A petition under this chapter in which DSCYF or a licensed agency is not a party must be accompanied by a petition for adoption, unless the petition is filed under § 1103(b) of this title.

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;  79 Del. Laws, c. 209, §  1;  83 Del. Laws, c. 226, § 5;  85 Del. Laws, c. 276, § 116; 
Notes of Decisions
Cited in 2 cases, 2019–2019 · leading case: Whitmore v. Robinson (Del. 2019).
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Whitmore v. Robinson (Del. 2019). “41 Then, in the following sections, the statute expressly distinguishes between the “parents of a child” and a “blood relative of a child.” For instance, in addressing who can file a petition to terminate parental rights, 13 Del.”
Whitmore v. Robinson (Del. 2019). “41 Then, in the following sections, the statute expressly distinguishes between the “parents of a child” and a “blood relative of a child.” For instance, in addressing who can file a petition to terminate parental rights, 13 Del.”
— 13 Del. C. § 1105(10) — 2 cases
Whitmore v. Robinson (Del. 2019). “41 Then, in the following sections, the statute expressly distinguishes between the “parents of a child” and a “blood relative of a child.” For instance, in addressing who can file a petition to terminate parental rights, 13 Del.”
Whitmore v. Robinson (Del. 2019). “41 Then, in the following sections, the statute expressly distinguishes between the “parents of a child” and a “blood relative of a child.” For instance, in addressing who can file a petition to terminate parental rights, 13 Del.”
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