Parental Rights
Delaware
Last Updated: April 2023
| Question | Answer |
Does the state allow for termination or limitation of parental rights when a child is born from rape? |
Yes. |
Does the state require a conviction for the sexual offense to terminate or limit the rapist’s parental rights? |
Yes |
May the state terminate or limit parental rights when there was a sexual assault that led to the birth of the child, but no conviction? |
No |
What parental rights can be terminated or limited? |
Limited: Visitation by Rapist Parent – No visitation only if rapist is convicted of rape or sexual assault in 1st or 2nd Degrees with conviction. Primary Custodianship and Unsupervised Visitation by Registered Sex Offenders - may not be primary custodian and shall not have unsupervised visitation. |
Are there any exceptions to the termination or limitation of a rapist’s parental rights? |
The presumption to terminate parental rights may be overcome if the following are demonstrated: (1) There is not a criminal sentencing order prohibiting same; and
(2) There have been no further sexual offenses or criminal acts of violence; and
(3) The sex offender is in compliance with the terms of probation, if applicable; and
(4) The sex offender has successfully completed an intensive program of evaluation and counseling designed specifically for sex offenders and conducted by a public or private agency or a certified mental health professional, and as a result of such, does not pose a risk to children; and
(5) The sex offender has successfully completed a program of substance abuse counseling if the court determines such counseling is appropriate; and
(6) The best interests of the child would be served by giving residential or custodial responsibilities for the child or visitation with the child to the sex offender.
|
What other rights may be impacted by terminating a rapist’s parental rights? |
N/A |
What is the procedure for termination or limitation of parental rights in these circumstances? |
Victim must petition the court |
What proof do you have to show to terminate or limit the rapist parent’s parental rights? |
Must establish that rapist parent has felony conviction, plea of guilty, or plea of nolo contendre for rape or sexual assault in first or second degree. |
Are there any time limits for when a petition must be filed to terminate or limit the rapist parent’s rights? |
N/A |
Does the law apply to both adult victims and underage victims? |
Yes |
Does the law have any exceptions for married or co-habitating victims? |
N/A |
Can a court require the rapist parent to pay child support after parental rights have been terminated? |
N/A |
Statutory Citations |
13 Del.C. § 724A. Rebuttable presumption against unsupervised visitation, custody or residence of a child to a sex offender |