Doe v. Delaware

Justice Brennan, with whom Justice White joins,

dissenting.

Appellants, a half brother and sister, are the natural parents of five children who were in the custody of the Division of Social Services of the Delaware Department of Health and Social Services at the beginning of this litigation.1 After de*383termining that the children should be put up for adoption,2 the Division filed suit pursuant to Delaware law to obtain termination of appellants’ parental rights over their children. The Superior Court of Delaware ordered termination, and the Supreme Court of Delaware affirmed.3 Appellants appealed…