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

13 Del. C. § 1108 (2026)

Order of termination and transfer of parental rights

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(a) If the Court finds by clear and convincing evidence both that a ground exists for the termination of existing parental rights and termination and transfer of the rights is in the child’s best interest, the Court shall order the termination of the rights in the parent, person, or organization in which the rights have existed and transfer the rights to another person, DSCYF, or a licensed agency, as the Court determines is best qualified to receive the rights.

(b) (1) In a proceeding under § 1103(a)(1) of this title in which each individual entitled to consent has waived notice of hearing and the right to appear at the hearing under § 1106(e) of this title, the Court shall issue its decision and order within 30 days after the filing of the petition and social report.

(2) In a proceeding under this chapter that does not qualify under paragraph (b)(1) of this section, the Court shall issue its decision and order within 30 days following the conclusion of the proceeding.

(c) An irregularity in a proceeding under this chapter is deemed cured on the expiration of 6 months from the date of the entry of the order of termination of parental rights of a parent, and a party over whom the Court established personal jurisdiction may not attack the validity of the order, either through a collateral or direct proceeding.

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;  83 Del. Laws, c. 226, § 11; 
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1967–2026 · leading case: Patricia A.F. v. James R.F., 451 A.2d 830 (Del. 1982).
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Patricia A.F. v. James R.F., 451 A.2d 830 (Del. 1982). “13 Del.C. § 1108 provides in pertinent part: “§ 1108.”
Cline v. Hartzler, 227 A.2d 210 (Del. 1967). “Furthermore, and we think conclusive in this appeal, 13 Del.C. § 1108, makes it plain that the Orphans’ Court may order the termination of parental rights only if (1) the facts exist to justify a ter-nination, and (2) if such termination is “in the best interests of the child.”
Driscoll v. Div. of Fam. Servs., 669 A.2d 25 (Del. 1995). “13 Del.C. § 1108(a)(5) states, in pertinent part: (a) The procedure for termination of parental rights for the purpose of adoption .”
Carrie Lloyd v. DSCYF TPR, No. 276, 2025 (Del. Feb. 27, 2026). “12 13 Del. C. § 1108(b)(2). 13 13 Del. C. §§ 2326, 2355, 1107(a).”
13 Del. C. § 1108(a)(5): 1 case
Driscoll v. Div. of Fam. Servs., 669 A.2d 25 (Del. 1995). “13 Del.C. § 1108(a)(5) states, in pertinent part: (a) The procedure for termination of parental rights for the purpose of adoption .”
13 Del. C. § 1108(b)(2): 1 case
Carrie Lloyd v. DSCYF TPR, No. 276, 2025 (Del. Feb. 27, 2026). “12 13 Del. C. § 1108(b)(2). 13 13 Del. C. §§ 2326, 2355, 1107(a).”
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