DSCYF or a licensed agency may file a petition to transfer the parental rights of a deceased parent if it appears that adoption is in the best interest of the child. A petition under this section must include all of the following:
(1) Name and address of the petitioner.
(2) Name, date, and place of birth of the child.
(3) Name, address, and date of death of the deceased parent.
(4) A certified copy of the death certificate of the deceased parent.
(5) A statement that the petitioner has explored the possibility of placing the child with relatives and the results of the efforts.
Structure Delaware Code
Chapter 11. TERMINATION AND TRANSFER OF PARENTAL RIGHTS IN ADOPTION PROCEEDINGS
§ 1102. Jurisdiction and venue.
§ 1103. Grounds for termination of parental rights.
§ 1104. Eligibility to petition for termination of parental rights.
§ 1106A. Contents of consent to terminate and transfer parental rights.
§ 1106B. Revocation of consent to termination and transfer of parental rights.
§ 1107. Time for hearing; preparation of social report.
§ 1107A. Notice of hearing to terminate and transfer parental rights.
§ 1108. Order of termination and transfer of parental rights.
§ 1109. Petition for transfer of parental rights of deceased parents.
§ 1112. Confidential nature of records.
§ 1113. Effect of termination of parental rights.
§ 1114. Placement for adoption and post-termination placement order.