Uniform Parentage Act [Effective Dec. 6, 2026].

Del. Code tit. 13, ch. 8

in effect

Del. Code tit. 13, § 8-101 Short title [Effective Dec. 6, 2026].

This chapter may be cited as the “Uniform Parentage Act (2017).”

Del. Code tit. 13, § 8-102 Definitions [Effective Dec. 6, 2026].

In this chapter: (1) “Acknowledged parent” means an individual who has established a parent-child relationship under subchapter III of this chapter. (2) “Adjudicated parent” means an individual who has been adjudicated by a court of competent jurisdiction to be the parent of a child. (3) “Alleged genetic parent” means an individual who alleges to be, or is alleged to be, a genetic parent or a possible genetic parent of a child whose parentage has not been adjudicated. The term includes an alleged genetic father and alleged genetic mother. The term does not include: a. A presumed parent; b. An individual whose parental rights have been terminated or declared not to exist; or c. A donor. (4) “Assisted reproduction” means a method of causing pregnancy other than sexual intercourse. The term includes: a. Insemination; b. Donation of gametes; c. Donation of embryos; d. In-vitro fertilization and transfer of embryos; and e. Intracytoplasmic sperm injection. (5) “Birth” includes stillbirth. (6) “Child” means an individual of any age whose parentage may be determined under this chapter. (7) “Child-support agency” means a government entity, public official, or private agency, authorized to provide parentage-establishment services under Title IV-D of the Social Security Act, 42 U.S.C. §§ 651 through 669. (8) “Commence” means to file the initial pleading seeking an adjudication of parentage in the Family Court of this State. “Commenced” and “commencement” have a similar meaning. (9) a. “Compensation” means payment of any valuable consideration. b. “Compensation” does not include payment for reasonable medical and ancillary costs. (10) “Determination of parentage” means establishment of a parent-child relationship by a judicial or administrative proceeding or the signing of a valid acknowledgment of parentage under subchapter III of this chapter. (11) “Donor” means an individual who provides gametes or embryos intended for use in assisted reproduction, whether or not for consideration. The term does not include: a. An individual who gives birth to a child conceived by means of assisted reproduction, except as otherwise provided in subchapter VIII of this chapter; or b. A parent under subchapter VII of this chapter or an intended parent under subchapter VIII of this chapter. (12) “Gamete” means sperm, egg, or any part of a sperm or egg. (13) “Genetic testing” means an analysis of genetic markers to identify or exclude a genetic relationship. (14) “Individual” means a natural person of any age. (15) “Intended parent” means an individual, married or unmarried, who manifests an intent to be legally bound as a parent of a child conceived by assisted reproduction. (16) “In vitro fertilization” means the fertilization of egg with sperm outside of the human body. (17) “Notarial officer” means a notary public or other individual authorized under subchapter II of Chapter 43 of Title 29 to perform a notarial act. (18) “Parent” means an individual who has established a parent-child relationship under § 8-201 of this title. (19) “Parentage” or “parent-child relationship” means the legal relationship between a child and a parent of the child. (20) “Presumed parent” means an individual who, under § 8-204 of this title, is presumed to be a parent of a child, unless the presumption is overcome in a judicial proceeding, a valid denial of parentage is made under subchapter III of this chapter, or a court adjudicates the individual to be a parent. (21) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (22) “Sign” means, with present intent to authenticate or adopt a record: a. To execute or adopt a tangible symbol; or b. To attach to or logically associate with the record an electronic symbol, sound, or process. (23) “Signatory” means an individual who signs a record. (24) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. The term includes a federally recognized Indian tribe. (25) “Transfer” means a procedure for assisted reproduction by which an embryo or sperm is placed in the body of the individual who will give birth to the child. (26) “Witnessed” means that at least 1 individual who is authorized to sign has signed a record to verify that the individual personally observed a signatory sign the record.

Del. Code tit. 13, § 8-103 Scope of chapter; choice of law [Effective Dec. 6, 2026].

(a) This chapter applies to an adjudication or determination of parentage in this State. (b) The court shall apply the law of this State to adjudicate the parent-child relationship. The applicable law does not depend on: (1) The place of birth of the child; or (2) The past or present residence of the child. (c) This chapter does not create, affect, enlarge, or diminish parental rights or duties under law of this State other than this chapter. (d) This chapter authorizes a surrogacy agreement as provided in subchapter VIII of this chapter. If a birth results under a surrogacy agreement and the agreement is unenforceable under the law of this State, the parent-child relationship is determined as provided in subchapter VIII of this chapter.

Del. Code tit. 13, § 8-104 Court of this State [Effective Dec. 6, 2026].

The Family Court of the State of Delaware may adjudicate parentage under this chapter.

Del. Code tit. 13, § 8-105 Protection of participants [Effective Dec. 6, 2026].

(a) Notwithstanding any other law concerning public hearings and records, any hearing or trial under this chapter must be held in closed court without admittance of any person other than those necessary to the action or proceeding, unless the court otherwise directs for good cause. (b) All records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in the appropriate public agency or elsewhere, are subject to inspection by persons other than the parties only with consent of the court, for good cause.

Del. Code tit. 13, § 8-106 Determination of maternity and paternity [Effective Dec. 6, 2026].

To the extent practicable, a provision of this chapter applicable to a father-child relationship applies to a mother-child relationship and a provision of this chapter applicable to a mother-child relationship applies to a father-child relationship.

Del. Code tit. 13, § 8-107 Child’s right to determination of parentage [Effective Dec. 6, 2026].

A child has the same rights and protections under law to parentage without regard to the marital status, age, gender, gender identity, or sexual orientation of the child’s parents or the circumstances of the child’s birth, including whether the child was born as a result of gestational or genetic surrogacy under subchapter VIII of this chapter or assisted reproduction.

Del. Code tit. 13, § 8-201 Establishment of parent-child relationship [Effective Dec. 6, 2026].

A parent-child relationship is established between an individual and a child if: (1) The individual gives birth to the child, except as otherwise provided in subchapter VIII of this chapter; (2) There is a presumption under § 8-204 of this title of the individual’s parentage of the child, unless the presumption is overcome in a judicial proceeding or a valid denial of parentage is made under subchapter III of this chapter; (3) The individual is adjudicated a parent of the child under subchapter VI of this chapter, including as a de facto parent under § 8-609 of this title; (4) The individual adopts the child; (5) The individual acknowledges parentage of the child under subchapter III of this chapter, unless the acknowledgment is rescinded under § 8-307 of this title or successfully challenged under subchapter III or VI of this chapter; (6) The individual’s parentage of the child is established under subchapter VII of this chapter; or (7) The individual’s parentage of the child is established under subchapter VIII of this chapter.

Del. Code tit. 13, § 8-202 No discrimination based on marital status of parent [Effective Dec. 6, 2026].

A parent-child relationship extends equally to every child and parent, regardless of the marital status of the parent.

Del. Code tit. 13, § 8-203 Consequences of establishment of parentage [Effective Dec. 6, 2026].

Unless parental rights are terminated, a parent-child relationship established under this chapter applies for all purposes, except as otherwise specifically provided by law of this State other than this chapter.

Del. Code tit. 13, § 8-204 Presumption of parentage [Effective Dec. 6, 2026].

(a) An individual is presumed to be a parent of a child if: (1) Except as otherwise provided under subchapter VIII of this chapter or law of this State other than this chapter: a. The individual and the individual who gave birth to the child are married to each other and the child is born during the marriage, whether the marriage is or could be declared invalid; b. The individual and the individual who gave birth to the child were married to each other and the child is born not later than 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, whether the marriage is or could be declared invalid; or c. The individual and the individual who gave birth to the child married each other after the birth of the child, whether the marriage is or could be declared invalid, the individual at any time asserted parentage of the child, and: 1. The assertion is in a record filed with the Office of Vital Statistics; or 2. The individual agreed to be and is named as a parent of the child on the birth certificate of the child; or 3. The individual agreed in a record to support the child as the individual’s own child; or (2) The individual resided in the same household with the child for the first 2 years of the life of the child, including any period of temporary absence, and openly held out the child as the individual’s child. (b) A presumption of parentage under this section may be overcome, and competing claims of parentage may be resolved, only by an adjudication under subchapter VI of this chapter or a valid denial of parentage under subchapter III of this chapter.

Del. Code tit. 13, § 8-301 Acknowledgment of parentage [Effective Dec. 6, 2026].

An individual who gave birth to a child and an alleged genetic parent of the child, parent under subchapter VII of this chapter, or presumed parent may sign an acknowledgment of parentage to establish the parentage of the child.

Del. Code tit. 13, § 8-302 Execution of acknowledgment of parentage [Effective Dec. 6, 2026].

(a) An acknowledgment of parentage under § 8-301 of this title must: (1) Be in a record signed by the individual who gave birth to the child and by the individual seeking to establish a parent-child relationship, and the signatures must be attested by a notarial officer; (2) State that the child whose parentage is being acknowledged: a. Does not have a presumed parent other than the individual seeking to establish the parent-child relationship or has a presumed parent whose full name is stated; and b. Does not have another acknowledged parent, adjudicated parent, or individual who is a parent of the child under subchapter VII or VIII of this chapter other than the individual who gave birth to the child; and (3) State that the signatories understand that the acknowledgment is the equivalent of an adjudication of parentage of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred 2 years after the effective date of the acknowledgment. (b) An acknowledgment of parentage is void if, at the time of signing: (1) An individual, other than the individual seeking to establish parentage, is a presumed parent, unless a denial of parentage by the presumed parent in a signed record is filed with the Office of Vital Statistics; (2) An individual, other than the individual who gave birth to the child or the individual seeking to establish parentage, is an acknowledged or adjudicated parent or a parent under subchapter VII or VIII of this chapter; or (3) The individual who gave birth to the child or the individual seeking to establish parentage is a minor.

Del. Code tit. 13, § 8-303 Denial of parentage [Effective Dec. 6, 2026].

A presumed parent may sign a denial of parentage in a record. The denial of parentage is valid only if: (1) An acknowledgment of parentage by another individual is filed under § 8-305 of this title; (2) The signature of the presumed parent is attested by a notarial officer; and (3) The presumed parent has not previously: a. Completed a valid acknowledgment of parentage, unless the previous acknowledgment was rescinded under § 8-307 of this title or challenged successfully under § 8-308 of this title; or b. Been adjudicated to be a parent of the child.

Del. Code tit. 13, § 8-304 Rules for acknowledgment or denial of parentage [Effective Dec. 6, 2026].

(a) An acknowledgment of parentage and a denial of parentage may be contained in a single document or may be in counterparts and may be filed with the Office of Vital Statistics separately or simultaneously. If filing of the acknowledgment and denial are both required under this chapter, neither is effective until both are filed. (b) An acknowledgment of parentage or a denial of parentage may be signed before or after the birth of the child. (c) Subject to subsection (a) of this section, an acknowledgment of parentage or denial of parentage takes effect on the birth of the child or filing of the document with the Office of Vital Statistics, whichever occurs later. (d) [Repealed.]

Del. Code tit. 13, § 8-305 Effect of acknowledgment or denial of parentage [Effective Dec. 6, 2026].

(a) Except as otherwise provided in § § 8-307 and 8-308 of this title, an acknowledgment of parentage that complies with this subchapter and is filed with the Office of Vital Statistics is equivalent to an adjudication of parentage of the child and confers on the acknowledged parent all rights and duties of a parent. (b) Except as otherwise provided in § § 8-307 and 8-308 of this title, a denial of parentage by a presumed parent that complies with this subchapter and is filed with the Office of Vital Statistics with an acknowledgment of parentage that complies with this subchapter is equivalent to an adjudication of the nonparentage of the presumed parent and discharges the presumed parent from all rights and duties of a parent.

Del. Code tit. 13, § 8-306 No filing fee [Effective Dec. 6, 2026].

The Office of Vital Statistics may not charge a fee for filing an acknowledgment of parentage or denial of parentage.

Del. Code tit. 13, § 8-307 Proceeding for rescission [Effective Dec. 6, 2026].

(a) A signatory may rescind an acknowledgment of parentage or denial of parentage by commencing a proceeding to rescind before the earlier of: (1) Sixty days after the effective date under § 8-304 of this title of the acknowledgment or denial; or (2) The date of the first hearing before a court in a proceeding, to which the signatory is party, to adjudicate an issue relating to the child, including a proceeding that establishes support. (b) If an acknowledgment of parentage is rescinded under subsection (a) of this section, an associated denial of parentage is invalid, and the Office of Vital Statistics shall notify the individual who gave birth to the child and the individual who signed a denial of parentage of the child that the acknowledgment has been rescinded. Failure to give the notice required by this subsection does not affect the validity of the rescission.

Del. Code tit. 13, § 8-308 Challenge after expiration of period for rescission [Effective Dec. 6, 2026].

(a) After the period for rescission under § 8-307 of this title expires, but not later than 2 years after the effective date under § 8-304 of this title of an acknowledgment of parentage or denial of parentage, a signatory of the acknowledgment or denial may commence a proceeding to challenge the acknowledgment or denial only on the basis of fraud, duress, or material mistake of fact. (b) A challenge to an acknowledgment of parentage or denial of parentage by an individual who was not a signatory to the acknowledgment or denial is governed by § 8-610 of this title.

Del. Code tit. 13, § 8-309 Procedure for rescission or challenge by signatory [Effective Dec. 6, 2026].

(a) Every signatory to an acknowledgment of parentage and any related denial of parentage must be made a party to a proceeding to rescind or challenge the acknowledgment or denial. (b) By signing an acknowledgment of parentage or denial of parentage a signatory submits to personal jurisdiction in this State in a proceeding to rescind or challenge the acknowledgment or denial, effective on the filing of the acknowledgment or denial with the Office of Vital Statistics. (c) The court may not suspend the legal responsibilities arising from an acknowledgment of parentage, including the duty to pay child support, during the pendency of a proceeding to rescind or challenge the acknowledgment or a related denial of parentage, unless the party challenging the acknowledgment or denial shows good cause. (d) A party seeking to rescind or challenge an acknowledgement of parentage or denial of parentage has the burden of proof. (e) If the court determines that a party has satisfied the burden of proof under subsection (d) of this section, the court shall order the Office of Vital Statistics to amend the birth record of the child to reflect the legal parentage of the child. (f) A proceeding to rescind or challenge an acknowledgment of parentage or denial of parentage must be conducted under subchapter VI of this chapter.

Del. Code tit. 13, § 8-310 Ratification barred [Effective Dec. 6, 2026].

A court conducting a judicial proceeding or an administrative agency conducting an administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of parentage.

Del. Code tit. 13, § 8-311 Full faith and credit [Effective Dec. 6, 2026].

A court of this State shall give full faith and credit to an acknowledgment of parentage or denial of parentage effective in another state if the acknowledgment or denial was in a signed record and is otherwise in compliance with the law of the other state.

Del. Code tit. 13, § 8-312 Forms for acknowledgment and denial of parentage [Effective Dec. 6, 2026].

(a) The Division of Child Support Services shall prescribe forms for an acknowledgment of parentage and denial of parentage. (b) A valid acknowledgment of parentage or denial of parentage is not affected by a later modification of the form under subsection (a) of this section.

Del. Code tit. 13, § 8-313 Release of information [Effective Dec. 6, 2026].

The Division of Child Support Services may release information relating to the acknowledgment of parentage or denial of parentage to a signatory of the acknowledgment or denial, a court, federal agency, and child support agency of this State or another state.

Del. Code tit. 13, § 8-314 Adoption of rules [Effective Dec. 6, 2026].

The Division of Child Support Services may adopt rules under Chapter 101 of Title 29 to implement this subchapter.

Del. Code tit. 13, § 8-401 Establishment of registry.

A registry of paternity is established in the Office of Vital Statistics.

Del. Code tit. 13, § 8-402 Registration for notification [Effective Dec. 6, 2026].

(a) Except as otherwise provided in subsection (b) of § 8-405 of this title, a man who desires to be notified of a proceeding for adoption of, or termination of parental rights regarding, the man’s genetic child must register in the registry of paternity established by § 8-401 of this title before the birth of the child or not later than 30 days after the birth. (b) A man is not required to register under subsection (a) of this section if: (1) A parent-child relationship between the man and the child has been established under this chapter or the law of this State other than this chapter; or (2) The man commences a proceeding to adjudicate the man’s parentage before a court has terminated the man’s parental rights. (c) A man who registers under subsection (a) of this section shall notify the registry promptly in a record of any change in the information registered. The Office of Vital Statistics shall incorporate new information received into Office’s records but need not seek to obtain current information for incorporation in the registry.

Del. Code tit. 13, § 8-403 Notice of proceeding [Effective Dec. 6, 2026].

(a) An individual who seeks to adopt a child or terminate parental rights to the child shall give notice of the proceeding to a man who has registered timely under § 8-402(a) of this title regarding the child. (b) Notice must be given in a manner prescribed for service of process in a civil proceeding in this State.

Del. Code tit. 13, § 8-404 Termination of parental rights; child under 1 year of age [Effective Dec. 6, 2026].

An individual who seeks to adopt a child or terminate parental rights to the child is not required to give notice of the proceeding to a man who may be the genetic father of the child if: (1) The child is under 1 year of age at the time of the termination of parental rights; (2) The man did not register timely with the Office of Vital Statistics under § 8-402(a) of this title; and (3) The man is not exempt from registration under § 8-402(b) of this title.

Del. Code tit. 13, § 8-405 Termination of parental rights; child at least 1 year of age [Effective Dec. 6, 2026].

(a) If a child is at least 1 year of age, an individual seeking to adopt or terminate parental rights to the child shall give notice of the proceeding to each alleged genetic father of the child, whether or not the alleged genetic father has registered under § 8-402(a) of this title unless the alleged genetic father’s parental rights have already been terminated. (b) Notice must be given in a manner prescribed for service of process in a civil proceeding in this State.

Del. Code tit. 13, § 8-406 Required form [Effective Dec. 6, 2026].

(a) The Office of Vital Statistics shall prescribe a form for registering under § 8-402(a) of this title. The form must state that: (1) The man who registers signs the form under penalty of perjury. (2) Timely registration entitles the man who registers to notice of a proceeding for adoption of the child or termination of the man’s parental rights; (3) Timely registration does not commence a proceeding to establish parentage; (4) The information disclosed on the form may be used against the man to establish parentage; (5) Services to assist in establishing parentage are available to the man who registers through the child-support agency; (6) The man who registers also may register in a registry of paternity in another state if conception or birth of the child occurred in the other state. (7) Information on registries of paternity of other states is available from the Office of Vital Statistics and the child-support agency; and (8) Procedures exist to rescind the registration. (b) A man who registers under § 8-402(a) of this title shall sign the form described in subsection (a) of this section under penalty of perjury.

Del. Code tit. 13, § 8-407 Furnishing of information; confidentiality [Effective Dec. 6, 2026].

(a) The Office of Vital Statistics is not required to seek to locate the individual who gave birth to the child who is the subject of a registration under § 8-402(a) of this title, but the Office of Vital Statistics shall give notice of the registration to that individual if the Office of Vital Statistics has that individual’s address. (b) Information contained in the registry established by § 8-401 of this title is confidential and may be released on request only to: (1) A court or an individual designated by the court; (2) The individual who gave birth to the child who is the subject of the registration; (3) An agency authorized by law of this State other than this chapter, law of another state, or federal law to receive the information; (4) A licensed child-placing agency; (5) A child-support agency; (6) A party or the party’s attorney of record in a proceeding under this chapter or in a proceeding to adopt or to terminate parental rights to the child who is the subject of the registration; and (7) A registry of paternity in another state.

Del. Code tit. 13, § 8-408 Penalty for releasing information; class A misdemeanor [Effective Dec. 6, 2026].

(a) An individual may not intentionally release information from the registry established by § 8-401 of this title to an individual or agency not authorized under § 8-407(b) of this title to receive the information. (b) A violation of this section is a class A misdemeanor. (c) The Superior Court has exclusive jurisdiction over a violation of this section.

Del. Code tit. 13, § 8-409 Rescission of registration [Effective Dec. 6, 2026].

A man who registers under § 8-402(a) of this title may rescind registration at any time by filing with the registry established by § 8-401 of this title a rescission in a signed record that is attested by a notarial officer or witnessed.

Del. Code tit. 13, § 8-410 Untimely registration [Effective Dec. 6, 2026].

If a man registers under § 8-402(a) of this title more than 30 days after the birth of the child, the Office of Vital Statistics shall notify the man that, based on a review of the registration, the registration was not filed timely.

Del. Code tit. 13, § 8-411 Fees for registry [Effective Dec. 6, 2026].

(a) The Office of Vital Statistics may not charge a fee for filing a registration under § 8-402(a) of this title or a rescission of registration under § 8-409 of this title. (b) Except as otherwise provided in subsection (c) of this section, the Office of Vital Statistics may charge a reasonable fee to search the registry established by § 8-401 of this title and for furnishing a certificate of search under § 8-414 of this title. (c) A child-support agency and other appropriate agencies of this State, if any, are not required to pay a fee authorized by subsection (b) of this section.

Del. Code tit. 13, § 8-412 Child born through assisted reproduction; search of registry inapplicable [Effective Dec. 6, 2026].

This Part does not apply to a child born through assisted reproduction.

Del. Code tit. 13, § 8-413 Search of appropriate registry [Effective Dec. 6, 2026].

If a parent-child relationship has not been established under this chapter between a child who is under 1 year of age and an individual other than the individual who gave birth to the child: (1) An individual seeking to adopt or terminate parental rights to the child shall obtain a certificate of search under § 8-414 of this title to determine if a registration has been filed in the registry established by § 8-401 of this title regarding the child; and (2) If the individual has reason to believe that conception or birth of the child may have occurred in another state, the individual shall obtain a certificate of search from the registry, if any, in that state.

Del. Code tit. 13, § 8-414 Certificate of search of registry [Effective Dec. 6, 2026].

(a) The Office of Vital Statistics shall furnish a certificate of search of the registry established by § 8-401 of this title on request to an individual, court, or agency identified in § 8-407(b) of this title or an individual required under § 8-413(1) of this title to obtain a certificate. (b) A certificate furnished under subsection (a) of this section: (1) Must be signed on behalf of the Office of Vital Statistics and state that: a. A search has been made of the registry; and b. A registration under § 8-402(a) of this title containing the information required to identify the man who registered under § 8-402(a) of this title: 1. Has been found; or 2. Has not been found; and (2) If paragraph (b)(1)b.1. of this section applies, must have a copy of the registration attached. (c) An individual seeking to adopt or terminate parental rights to a child must file with the court the certificate of search furnished under subsection (a) of this section and § 8-413(2) of this title, if applicable, before a proceeding to adopt or terminate parental rights to the child may be concluded.

Del. Code tit. 13, § 8-415 Admissibility of registered information [Effective Dec. 6, 2026].

A certificate of search of a registry of paternity in this or another state is admissible in a proceeding for adoption of, or termination of, parental rights to a child and, if relevant, in other legal proceedings.

Del. Code tit. 13, § 8-501 Definitions [Effective Dec. 6, 2026].

In this subchapter: (1) “Combined relationship index” means the product of all tested relationship indices. (2) “Ethnic or racial group” means, for the purpose of genetic testing, a recognized group that an individual identifies as the individual’s ancestry or part of the ancestry or that is identified by other information. (3) “Hypothesized genetic relationship” means an asserted genetic relationship between an individual and a child. (4) “Probability of parentage” means, for the ethnic or racial group to which an individual alleged to be a parent belongs, the probability that a hypothesized genetic relationship is supported, compared to the probability that a genetic relationship is supported between the child and a random individual of the ethnic or racial group used in the hypothesized genetic relationship, expressed as a percentage incorporating the combined relationship index and a prior probability. (5) “Relationship index” means a likelihood ratio that compares the probability of a genetic marker given a hypothesized genetic relationship and the probability of the genetic marker given a genetic relationship between the child and a random individual of the ethnic or racial group used in the hypothesized genetic relationship.

Del. Code tit. 13, § 8-502 Scope of subchapter; limitation on use of genetic testing [Effective Dec. 6, 2026].

(a) This subchapter governs genetic testing of an individual in a proceeding to adjudicate parentage, whether the individual: (1) Voluntarily submits to testing; or (2) Is tested under an order of the court or a child-support agency. (b) Genetic testing may not be used: (1) To challenge the parentage of an individual who is a parent under subchapter VII or VIII of this chapter; or (2) To establish the parentage of an individual who is a donor.

Del. Code tit. 13, § 8-503 Authority to order or deny genetic testing [Effective Dec. 6, 2026].

(a) Except as otherwise provided in this subchapter and subchapter VI of this chapter, in a proceeding under this chapter to determine parentage, the court shall order the child and any other individual to submit to genetic testing if a request for testing is supported by the sworn statement of a party: (1) Alleging a reasonable possibility that the individual is the child’s genetic parent; or (2) Denying genetic parentage of the child and stating facts establishing a reasonable possibility that the individual is not a genetic parent. (b) A child-support agency may order genetic testing only if there is no presumed, acknowledged, or adjudicated parent of a child other than the individual who gave birth to the child. (c) The court or child-support agency may not order in utero genetic testing. (d) If 2 or more individuals are subject to court-ordered genetic testing, the court may order that testing be completed concurrently or sequentially. (e) Genetic testing of an individual who gave birth to a child is not a condition precedent to testing of the child and an individual whose genetic parentage of the child is being determined. If the individual who gave birth to a child is unavailable or declines to submit to genetic testing, the court may order genetic testing of the child and each individual whose genetic parentage of the child is being adjudicated. (f) In a proceeding to adjudicate the parentage of a child having a presumed parent or an individual who claims to be a parent under § 8-609 of this title, or to challenge an acknowledgment of parentage, the court may deny a motion for genetic testing of the child and any other individual after considering the factors in § 8-613(a) and (b) of this title. (g) If an individual requesting genetic testing is barred under subchapter VI of this chapter from establishing the individual’s parentage, the court shall deny the request for genetic testing. (h) An order under this section for genetic testing is enforceable by contempt.

Del. Code tit. 13, § 8-504 Requirements for genetic testing [Effective Dec. 6, 2026].

(a) Genetic testing must be of a type reasonably relied on by experts in the field of genetic testing and performed in a testing laboratory accredited by: (1) The AABB, formerly known as the American Association of Blood Banks, or a successor to the AABB’s functions; or (2) An accrediting body designated by the Secretary of the United States Department of Health and Human Services. (b) A specimen used in genetic testing may consist of a sample or a combination of samples of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each individual undergoing genetic testing. (c) Based on the ethnic or racial group of an individual undergoing genetic testing, a testing laboratory shall determine the databases from which to select frequencies for use in calculating a relationship index. If an individual or a child-support agency objects to the laboratory’s choice, the following rules apply: (1) Not later than 30 days after receipt of the report of the test, the objecting individual or child support agency may request the court to require the laboratory to recalculate the relationship index using an ethnic or racial group different from that used by the laboratory. (2) The individual or child-support agency objecting to the laboratory’s choice under this subsection shall: a. If the requested frequencies are not available to the laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or b. Engage another laboratory to perform the calculations. (3) The laboratory may use the laboratory’s own statistical estimate if there is a question as to which ethnic or racial group is appropriate. The laboratory shall calculate the frequencies using statistics, if possible, for any other ethnic or racial group requested. (d) If, after recalculation of the relationship index under subsection (c) of this section using a different ethnic or racial group, genetic testing under § 8-506 of this title does not identify an individual as a genetic parent of a child, the court may require an individual who has been tested to submit to additional genetic testing to identify a genetic parent.

Del. Code tit. 13, § 8-505 Report of genetic testing [Effective Dec. 6, 2026].

(a) A report of genetic testing must be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report complying with the requirements of this subchapter is self-authenticating. (b) Documentation from a testing laboratory of the following information is sufficient to establish a reliable chain of custody and allows the results of genetic testing to be admissible without testimony: (1) The name and photograph of each individual whose specimen has been taken; (2) The name of the individual who collected each specimen; (3) The place and date each specimen was collected; (4) The name of the individual who received each specimen in the testing laboratory; and (5) The date each specimen was received.

Del. Code tit. 13, § 8-506 Genetic testing results; challenge to results [Effective Dec. 6, 2026].

(a) Subject to a challenge under subsection (b) of this section, an individual is identified under this chapter as a genetic parent of a child if genetic testing complies with this subchapter and the results of the testing disclose: (1) The individual has at least a 99% percent probability of parentage, using a prior probability of 0.50, as calculated by using the combined relationship index obtained in the testing; and (2) A combined relationship index of at least 100 to 1. (b) An individual identified under subsection (a) of this section as a genetic parent of the child may challenge the genetic testing results only by other genetic testing satisfying the requirements of this subchapter which: (1) Excludes the individual as a genetic parent of the child; or (2) Identifies another individual as a possible genetic parent of the child other than: a. The individual who gave birth to the child; or b. The individual identified under subsection (a) of this section. (c) Except as otherwise provided in § 8-511 of this title, if more than 1 individual other than the individual who gave birth is identified by genetic testing as a possible genetic parent of the child, the court shall order each individual to submit to further genetic testing to identify a genetic parent.

Del. Code tit. 13, § 8-507 Costs of genetic testing [Effective Dec. 6, 2026].

(a) Subject to assessment of fees under subchapter VI of this chapter, payment of the cost of initial genetic testing must be made in advance: (1) By a child-support agency in a proceeding in which the child-support agency is providing services; (2) By the individual who made the request for genetic testing; (3) As agreed by the parties; or (4) As ordered by the court. (b) If the cost of genetic testing is paid by a child-support agency, the agency may seek reimbursement from the genetic parent whose parent-child relationship is established.

Del. Code tit. 13, § 8-508 Additional genetic testing [Effective Dec. 6, 2026].

The Court or child-support agency shall order additional genetic testing on request of an individual who contests the result of the initial testing under § 8-506 of this title. If initial genetic testing under § 8-506 of this title identified an individual as a genetic parent of the child, the court or agency may not order additional testing unless the contesting individual pays for the testing in advance.

Del. Code tit. 13, § 8-509 Genetic testing when specimen not available [Effective Dec. 6, 2026].

(a) Subject to subsection (b) of this section, if a genetic-testing specimen is not available from an alleged genetic parent of a child, for good cause and under circumstances the court considers to be just, the court may order any of the following individuals to submit specimens for genetic testing: (1) A parent of the alleged genetic parent; (2) A sibling of the alleged genetic parent; (3) Another child of the alleged genetic parent and the individual who gave birth to the other child; and (4) Another relative of the alleged genetic parent necessary to complete genetic testing. (b) To issue an order under this section, the court must find that a need for genetic testing outweighs the legitimate interests of the individual sought to be tested.

Del. Code tit. 13, § 8-510 Deceased individual [Effective Dec. 6, 2026].

If an individual seeking genetic testing demonstrates good cause, the court may order genetic testing of a deceased individual.

Del. Code tit. 13, § 8-511 Identical siblings [Effective Dec. 6, 2026].

(a) If the court finds there is reason to believe that an alleged genetic parent has an identical sibling and evidence that the sibling may be a genetic parent of the child, the court may order genetic testing of the sibling. (b) If more than 1 sibling is identified under§ 8-506 of this title as a genetic parent of the child, the court may rely on nongenetic evidence to adjudicate which sibling is a genetic parent of the child.

Del. Code tit. 13, § 8-512 Confidentiality of genetic testing; violation is class A misdemeanor [Effective Dec. 6, 2026].

(a) Release of a report of genetic testing for parentage is controlled by law of this State other than this chapter. (b) An individual may not intentionally release an identifiable specimen of another individual collected for genetic testing under this subchapter for a purpose not relevant to a proceeding regarding parentage, without a court order or written permission of the individual who furnished the specimen. (c) A violation of this section is a class A misdemeanor. (d) The Superior Court has exclusive jurisdiction over a violation of this section.

Del. Code tit. 13, § 8-601 Proceeding authorized [Effective Dec. 6, 2026].

A civil proceeding may be commenced to adjudicate the parentage of a child. Except as otherwise provided in this chapter, the proceeding is governed by the Family Court Rules of Civil Procedure.

Del. Code tit. 13, § 8-602 Standing to maintain proceeding [Effective Dec. 6, 2026].

Except as otherwise provided in subchapter III of this chapter and §§ 8-608 through 8-611 of this title, a proceeding to adjudicate parentage may be maintained by: (1) The child; (2) The individual who gave birth to the child, unless a court has adjudicated that the individual is not a parent; (3) An individual who is a parent of the child under this chapter; (4) An individual whose parentage of the child is to be adjudicated; (5) A child-support agency; (6) An adoption agency authorized by law of this State other than this chapter or licensed child-placing agency; or (7) A representative authorized by law of this State other than this chapter to act for an individual who otherwise would be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor.

Del. Code tit. 13, § 8-603 Notice of proceeding [Effective Dec. 6, 2026].

(a) The petitioner shall give notice of a proceeding to adjudicate parentage to the following individuals: (1) The individual who gave birth to the child, unless a court has adjudicated that the individual is not a parent; (2) An individual who is a parent of the child under this chapter; (3) A presumed, acknowledged, or adjudicated parent of the child; and (4) An individual whose parentage of the child is to be adjudicated. (b) An individual entitled to notice under subsection (a) of this section has a right to intervene in the proceeding. (c) Lack of notice required by subsection (a) of this section does not render a judgment void. Lack of notice does not preclude an individual entitled to notice under subsection (a) of this section from bringing a proceeding under § 8-611(b) of this title.

Del. Code tit. 13, § 8-604 Personal jurisdiction [Effective Dec. 6, 2026].

(a) The court may adjudicate an individual’s parentage of a child only if the court has personal jurisdiction over the individual. (b) A court of this State with jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in § 6-201 of this title are satisfied. (c) Lack of jurisdiction over 1 individual does not preclude the court from making an adjudication of parentage binding on another individual.

Del. Code tit. 13, § 8-605 Venue [Effective Dec. 6, 2026].

If the court has personal jurisdiction under § 8-604 of this title, venue for a proceeding to adjudicate parentage is proper in any county of this State.

Del. Code tit. 13, § 8-606 Admissibility of results of genetic testing [Effective Dec. 6, 2026].

(a) Except as otherwise provided in § 8-502(b) of this title, the court shall admit a report of genetic testing ordered by the court under § 8-503 of this title as evidence of the truth of the facts asserted in the report. (b) A party may object to the admission of a report described in subsection (a) of this section, not later than 14 days after the party receives the report. The party shall cite specific grounds for exclusion. (c) A party that objects to the results of genetic testing may call a genetic-testing expert to testify in person or by another method approved by the court. Unless the court orders otherwise, the party offering the testimony bears the expense for the expert testifying. (d) Admissibility of a report of genetic testing is not affected by whether the testing was performed: (1) Voluntarily or under an order of the court or a child-support agency; or (2) Before, on, or after commencement of the proceeding.

Del. Code tit. 13, § 8-607 Adjudicating parentage of child with alleged genetic parent [Effective Dec. 6, 2026].

(a) A proceeding to determine whether an alleged genetic parent who is not a presumed parent is a parent of a child may be commenced: (1) Before the child becomes an adult; or (2) After the child becomes an adult, but only if the child initiates the proceeding. (b) This subsection applies in a proceeding described in subsection (a) of this title if the individual who gave birth to the child is the only other individual with a claim to parentage of the child. The court shall adjudicate an alleged genetic parent to be a parent of the child if the alleged genetic parent: (1) Is identified under § 8-506 of this title as a genetic parent of the child and the identification is not successfully challenged under § 8-506 of this title; (2) Admits parentage in a pleading, when making an appearance, or during a hearing, the court accepts the admission, and the court determines the alleged genetic parent to be a parent of the child; (3) Declines to submit to genetic testing ordered by the court or a child-support agency, in which case the court may adjudicate the alleged genetic parent to be a parent of the child even if the alleged genetic parent denies a genetic relationship with the child; (4) Is in default after service of process and the court determines the alleged genetic parent to be a parent of the child; or (5) Is neither identified nor excluded as a genetic parent by genetic testing and, based on other evidence, the court determines the alleged genetic parent to be a parent of the child. (c) Subject to other limitations in this Part, if in a proceeding involving an alleged genetic parent, at least 1 other individual in addition to the individual who gave birth to the child has a claim to parentage of the child, the court shall adjudicate parentage under § 8-613 of this title.

Del. Code tit. 13, § 8-608 Adjudicating parentage of child with presumed parent [Effective Dec. 6, 2026].

(a) A proceeding to determine whether a presumed parent is a parent of a child may be commenced: (1) Before the child becomes an adult; or (2) After the child becomes an adult, but only if the child initiates the proceeding. (b) A presumption of parentage under § 8-204 of this title cannot be overcome after the child attains 2 years of age unless the court determines: (1) The presumed parent is not a genetic parent, never resided with the child, and never held out the child as the presumed parent’s child; or (2) The child has more than 1 presumed parent. (c) The following rules apply in a proceeding to adjudicate a presumed parent’s parentage of a child if the individual who gave birth to the child is the only other individual with a claim to parentage of the child: (1) If no party to the proceeding challenges the presumed parent’s parentage of the child, the court shall adjudicate the presumed parent to be a parent of the child. (2) If the presumed parent is identified under § 8-506 of this title as a genetic parent of the child and that identification is not successfully challenged under § 8-506 of this title, the court shall adjudicate the presumed parent to be a parent of the child. (3) If the presumed parent is not identified under § 8-506 of this title as a genetic parent of the child and the presumed parent or the individual who gave birth to the child challenges the presumed parent’s parentage of the child, the court shall adjudicate the parentage of the child in the best interest of the child based on the factors under § 8-613(a) and (b) of this title. (d) Subject to other limitations in this Part, if in a proceeding to adjudicate a presumed parent’s parentage of a child, another individual in addition to the individual who gave birth to the child asserts a claim to parentage of the child, the court shall adjudicate parentage under § 8-613 of this title.

Del. Code tit. 13, § 8-609 Adjudicating claim of de facto parentage of child [Effective Dec. 6, 2026].

(a) A proceeding to establish parentage of a child under this section may be commenced only by an individual who: (1) Is alive when the proceeding is commenced; and (2) Claims to be a de facto parent of the child. (b) An individual who claims to be a de facto parent of a child must commence a proceeding to establish parentage of a child under this section: (1) Before the child attains 18 years of age; and (2) While the child is alive. (c) The following rules govern standing of an individual who claims to be a de facto parent of a child to maintain a proceeding under this section: (1) The individual must file an initial verified pleading alleging specific facts that support the claim to parentage of the child asserted under this section. The verified pleading must be served on all parents and legal guardians of the child and any other party to the proceeding. (2) An adverse party, parent, or legal guardian may file a pleading in response to the pleading filed under paragraph (c)(1) of this section. A responsive pleading must be verified and must be served on parties to the proceeding. (3) Unless the court finds a hearing is necessary to determine disputed facts material to the issue of standing, the court shall determine, based on the pleadings under paragraphs (c)(1) and (c)(2) of this section, whether the individual has alleged facts sufficient to satisfy by a preponderance of the evidence the requirements of paragraphs (d)(1) through (d)(7) of this section. If the court holds a hearing under this subsection, the hearing must be held on an expedited basis. (d) In a proceeding to adjudicate parentage of an individual who claims to be a de facto parent of the child, if there is only 1 other individual who is a parent or has a claim to parentage of the child, the court shall adjudicate the individual who claims to be a de facto parent to be a parent of the child if the individual demonstrates by clear-and-convincing evidence that: (1) The individual resided with the child as a regular member of the child’s household for a significant period; (2) The individual engaged in consistent caretaking of the child; (3) The individual undertook full and permanent responsibilities of a parent of the child without expectation of financial compensation; (4) The individual held out the child as the individual’s child; (5) The individual established a bonded and dependent relationship with the child which is parental in nature; (6) Another parent of the child fostered or supported the bonded and dependent relationship required under paragraph (d)(5) of this section; and (7) Continuing the relationship between the individual and the child is in the best interest of the child. (e) Subject to other limitations in this Part, if in a proceeding to adjudicate parentage of an individual who claims to be a de facto parent of the child, there is more than 1 other individual who is a parent or has a claim to parentage of the child and the court determines that the requirements of subsection (d) of this section are satisfied, the court shall adjudicate parentage under § 8-613 of this title.

Del. Code tit. 13, § 8-610 Adjudicating parentage of child with acknowledged parent [Effective Dec. 6, 2026].

(a) If a child has an acknowledged parent, a proceeding to challenge the acknowledgment of parentage or a denial of parentage, brought by a signatory to the acknowledgment or denial, is governed by § § 8-308 and 8-309 of this title. (b) If a child has an acknowledged parent, the following rules apply in a proceeding to challenge the acknowledgment of parentage or a denial of parentage brought by an individual, other than the child, who has standing under § 8-602 of this title and was not a signatory to the acknowledgment or denial: (1) The individual must commence the proceeding not later than 2 years after the effective date of the acknowledgment. (2) The court may permit the proceeding only if the court finds permitting the proceeding is in the best interest of the child. (3) If the court permits the proceeding, the court shall adjudicate parentage under § 8-613 of this title.

Del. Code tit. 13, § 8-611 Adjudicating parentage of child with adjudicated parent [Effective Dec. 6, 2026].

(a) If a child has an adjudicated parent, a proceeding to challenge the adjudication, brought by an individual who was a party to the adjudication or received notice under § 8-603 of this title, is governed by the rules governing a collateral attack on a judgment. (b) If a child has an adjudicated parent, the following rules apply to a proceeding to challenge the adjudication of parentage brought by an individual, other than the child, who has standing under § 8-602 of this title and was not a party to the adjudication and did not receive notice under § 8-603 of this title: (1) The individual must commence the proceeding not later than 2 years after the effective date of the adjudication. (2) The court may permit the proceeding only if the court finds permitting the proceeding is in the best interest of the child. (3) If the court permits the proceeding, the court shall adjudicate parentage under § 8-613 of this title.

Del. Code tit. 13, § 8-612 Adjudicating parentage of child of assisted reproduction [Effective Dec. 6, 2026].

(a) An individual who is a parent under subchapter VII of this chapter or the individual who gave birth to the child may bring a proceeding to adjudicate parentage. If the court determines the individual is a parent under subchapter VII of this chapter, the court shall adjudicate the individual to be a parent of the child. (b) In a proceeding to adjudicate an individual’s parentage of a child, if another individual other than the individual who gave birth to the child is a parent under subchapter VII of this chapter, the court shall adjudicate the individual’s parentage of the child under § 8-613 of this title.

Del. Code tit. 13, § 8-613 Adjudicating competing claims of parentage [Effective Dec. 6, 2026].

(a) In a proceeding to adjudicate competing claims of, or challenges under § 8-608(c) of this title, § 8-610 of this title, or § 8-611 of this title to, parentage of a child by 2 or more individuals, the court shall adjudicate parentage in the best interest of the child, based on: (1) The age of the child; (2) The length of time during which each individual assumed the role of parent of the child; (3) The nature of the relationship between the child and each individual; (4) The harm to the child if the relationship between the child and each individual is not recognized; (5) The basis for each individual’s claim to parentage of the child; and (6) Other equitable factors arising from the disruption of the relationship between the child and each individual or the likelihood of other harm to the child. (b) If an individual challenges parentage based on the results of genetic testing, in addition to the factors listed in subsection (a) of this section, the court shall consider: (1) The facts surrounding the discovery the individual might not be a genetic parent of the child; and (2) The length of time between the time that the individual was placed on notice that the individual might not be a genetic parent and the commencement of the proceeding. (c) (1) The court may adjudicate a child to have more than 2 parents under this chapter if the court finds that failure to recognize more than 2 parents would be detrimental to the child. (2) A finding of detriment to the child under paragraph (c)(1) of this section does not require a finding of unfitness of any parent or individual seeking an adjudication of parentage. (3) In determining detriment to the child under paragraph (c)(1) of this section, the court shall consider all relevant factors, including the harm if the child is removed from a stable placement with an individual who has fulfilled the child’s physical needs and psychological needs for care and affection and has assumed the role for a substantial period.

Del. Code tit. 13, § 8-615 Temporary order [Effective Dec. 6, 2026].

(a) In a proceeding under this subchapter, the court shall issue a temporary order for support of a child if the order is appropriate and the individual ordered to pay support is: (1) A presumed father of the child; (2) Petitioning to have paternity adjudicated; (3) Identified as the father through genetic testing under § 8-505 of this title; (4) An alleged father who has declined to submit to genetic testing; (5) Shown by clear and convincing evidence to be the father of the child; or (6) The mother of the child. (b) A temporary order may include provisions for custody and visitation as provided by other law of this State.

Del. Code tit. 13, § 8-616 Combining proceedings [Effective Dec. 6, 2026].

Unless the court would not otherwise have jurisdiction over the proceeding, the court may combine a proceeding to adjudicate parentage under this chapter with a proceeding for adoption, termination of parental rights, child custody or visitation, child support, divorce, annulment, declaration of invalidity, administration of an estate, or other appropriate proceeding.

Del. Code tit. 13, § 8-617 Proceeding before birth [Effective Dec. 6, 2026].

(a) Except as provided in Part 3 of subchapter VIII of this chapter and subject to subsections (b) and (c) of this section, a proceeding to adjudicate parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child. (b) If a child is conceived through assisted reproduction, an order or judgment may be entered before the birth of the resulting child to establish a parent-child relationship, if enforcement of the order or judgment is stayed until the birth of the child. The order or judgment must be sought by filing a petition containing all of the following: (1) The names and addresses of the intended parents; (2) The name and address of the gestational carrier, if any, and the gestational carrier’s spouse, if any; and (3) An affidavit that does the following: a. Acknowledges parentage verified by the parents; and b. In cases involving a gestational carrier: 1. Acknowledges nonparentage verified by the gestational carrier and the gestational carrier’s spouse, if any; and 2. Attests to the gestational carrier agreement signed by all the parties in accordance with § 8-811 of this title. (c) Except in circumstances under subsection (b) of this section, the following actions may be taken before the birth of a child: (1) Service of process; (2) Discovery; and (3) Except as prohibited by § 8-503 of this title, collection of specimens for genetic testing.

Del. Code tit. 13, § 8-618 Child as party; representation [Effective Dec. 6, 2026].

(a) A minor child is a permissive party but not a necessary party to a proceeding under this subchapter. (b) The court shall appoint a guardian ad litem to represent a child in a proceeding under this subchapter, if the court finds that the interests of the child are not adequately represented.

Del. Code tit. 13, § 8-619 Court to adjudicate parentage [Effective Dec. 6, 2026].

The court shall adjudicate parentage of a child without a jury.

Del. Code tit. 13, § 8-620 Dismissal for want of prosecution [Effective Dec. 6, 2026].

The court may dismiss a proceeding under this chapter for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice.

Del. Code tit. 13, § 8-621 Order adjudicating parentage [Effective Dec. 6, 2026].

(a) An order adjudicating parentage must identify the child in a manner provided by law of this State other than this chapter. (b) Except as otherwise provided in subsection (c) of this section, the court may assess filing fees, reasonable attorney’s fees, fees for genetic testing, other costs, and necessary travel and other reasonable expenses incurred in a proceeding under this subchapter. Attorney’s fees awarded under this subsection may be paid directly to the attorney, and the attorney may enforce the order in the attorney’s own name. (c) The court may not assess fees, costs, or expenses in a proceeding under this subchapter against a child-support agency of this State or another state, except as provided by law of this State other than this chapter. (d) In a proceeding under this subchapter or under § 513 of this title, a copy of a bill for genetic testing or prenatal or postnatal health care for the individual who gave birth to the child and the child, provided to the adverse party not later than 10 days before a hearing, is admissible to establish: (1) The amount of the charge billed; and (2) That the charge is reasonable and necessary. (e) On request of a party and for good cause, the court in a proceeding under this subchapter may order the name of the child changed. If the court order changing the name varies from the name on the birth certificate of the child, the court shall order the Office of Vital Statistics to issue an amended birth certificate.

Del. Code tit. 13, § 8-622 Binding effect of determination of parentage [Effective Dec. 6, 2026].

(a) Except as otherwise provided in subsection (b) of this section: (1) A signatory to an acknowledgment of parentage or denial of parentage is bound by the acknowledgment and denial as provided in subchapter III of this chapter; and (2) A party to an adjudication of parentage by a court acting under circumstances that satisfy the jurisdiction requirements of § 6-201 of this title and any individual who received notice of the proceeding are bound by the adjudication. (b) A child is not bound by a determination of parentage under this chapter unless: (1) The determination was based on an unrescinded acknowledgment of parentage and the acknowledgment is consistent with the results of genetic testing; (2) The determination was based on a finding consistent with the results of genetic testing, and the consistency is declared in the determination or otherwise shown; (3) The determination of parentage was made under subchapter VII or VIII of this chapter; or (4) The child was a party or was represented by a guardian ad litem in the proceeding. (c) In a proceeding for divorce, dissolution, annulment, or declaration of invalidity, the court is deemed to have made an adjudication of parentage of a child if the court acts under circumstances that satisfy the jurisdiction requirements of § 6-201 of this title and the final order: (1) Expressly identifies the child as a “child of the marriage” or “issue of the marriage” or includes similar words indicating that both spouses are parents of the child; or (2) Provides for support of the child by a spouse unless that spouse’s parentage is disclaimed specifically in the order. (d) Except as otherwise provided in subsection (b) of this section or § 8-611 of this title, a determination of parentage may be asserted as a defense in a subsequent proceeding seeking to adjudicate parentage of an individual who was not a party to the earlier proceeding. (e) A party to an adjudication of parentage may challenge the adjudication only under law of this State other than this chapter relating to appeal, vacation of judgment, or other judicial review.

Del. Code tit. 13, § 8-623 No right to reimbursement [Effective Dec. 6, 2026].

If the court determines that an individual is not the parent of a child, the individual does not have a right to reimbursement for any child support or medical expenses paid before the date on which the other party or the public agency to which the payments were or are being made was served with notice of the proceeding in which the determination of nonparentage was made.

Del. Code tit. 13, § 8-624 Full faith and credit [Effective Dec. 6, 2026].

A court of this State shall give full faith and credit to a determination of parentage or nonparentage or denial of parentage made by a court or administrative agency of another state if the determination is made in compliance with the law of the other state.

Del. Code tit. 13, § 8-701 Scope of article [Effective Dec. 6, 2026].

This subchapter does not apply to the birth of a child conceived by sexual intercourse or assisted reproduction under a surrogacy agreement under subchapter VIII of this chapter.

Del. Code tit. 13, § 8-702 Parental status of donor [Effective Dec. 6, 2026].

A donor is not a parent of a child conceived by assisted reproduction.

Del. Code tit. 13, § 8-703 Parentage of a child of assisted reproduction [Effective Dec. 6, 2026].

An individual who consents under § 8-704 of this title to assisted reproduction with the intent to be a parent of a child conceived by the assisted reproduction is a parent of the child.

Del. Code tit. 13, § 8-704 Consent to assisted reproduction [Effective Dec. 6, 2026].

(a) Except as otherwise provided in subsection (b) of this section, the consent described in § 8-703 of this title must be in a record signed by an individual giving birth to a child conceived by assisted reproduction and another individual who intends to be a parent of the child. (b) Failure to consent in a record as required by subsection (a) of this section, before, on, or after birth of the child, does not preclude the court from finding consent to parentage if: (1) The individual giving birth to the child or the other individual proves by clear-and-convincing evidence the existence of an express agreement entered into before transfer of gametes or embryos that the individual giving birth to the child and the other individual intended that both would be parents of the child; or (2) For the first 2 years of the child’s life, including any period of temporary absence, the individual giving birth to the child and the other individual resided together in the same household with the child and both openly held out the child as the child of the other individual, unless the other individual dies or becomes incapacitated before the child attains 2 years of age or the child dies before the child attains 2 years of age, in which case the court may find consent under this subsection to parentage if a party proves by clear-and-convincing evidence that the individual giving birth to the child and the other individual intended to reside together in the same household with the child and both intended the other individual would openly hold out the child as the child of the other individual, but the other individual was prevented from carrying out that intent by death or incapacity.

Del. Code tit. 13, § 8-705 Limitation on spouse’s dispute of parentage [Effective Dec. 6, 2026].

(a) Except as otherwise provided in subsection (b) of this section, an individual who, at the time of a child’s birth, is the spouse of the individual who gave birth to a child by assisted reproduction may not challenge the individual’s parentage of the child unless: (1) Not later than 2 years after the birth of the child, the individual commences a proceeding to adjudicate the individual’s parentage of the child; and (2) The court finds that the individual did not consent to the assisted reproduction, before, on, or after birth of the child, or withdrew consent under § 8-707 of this title. (b) A proceeding to adjudicate a spouse’s parentage of a child born by assisted reproduction may be maintained at any time if the court determines: (1) The spouse neither provided a gamete for, nor consented to, the assisted reproduction; (2) The spouse and the individual who gave birth to the child have not cohabited since the probable time of assisted reproduction; and (3) The spouse never openly held out the child as the spouse’s child. (c) This section applies to a spouse’s dispute of parentage even if the spouse’s marriage is declared invalid after assisted reproduction occurs.

Del. Code tit. 13, § 8-706 Effect of certain legal proceedings regarding marriage [Effective Dec. 6, 2026].

If a marriage of an individual who gives birth to a child conceived by assisted reproduction is terminated through divorce or dissolution, declared invalid, or annulled before transfer of gametes or embryos to the individual, a former spouse of the individual is not a parent of the child unless the former spouse consented in a record that the former spouse would be a parent of the child if assisted reproduction were to occur after a divorce, dissolution, annulment, or declaration of invalidity, and the former spouse did not withdraw consent under § 8-707 of this title.

Del. Code tit. 13, § 8-707 Withdrawal of consent [Effective Dec. 6, 2026].

(a) An individual who consents under § 8-704 of this title to assisted reproduction may withdraw consent any time before a transfer that results in a pregnancy, by giving notice in a record of the withdrawal of consent to the individual who agreed to give birth to a child conceived by assisted reproduction and to any clinic or health-care provider facilitating the assisted reproduction. Failure to give notice to the clinic or health-care provider does not affect a determination of parentage under this chapter. (b) An individual who withdraws consent under subsection (a) of this section is not a parent of the child under this subchapter.

Del. Code tit. 13, § 8-708 Parental status of deceased individual [Effective Dec. 6, 2026].

(a) If an individual who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer of a gamete or embryo and the birth of the child, the individual’s death does not preclude the establishment of the individual’s parentage of the child if the individual otherwise would be a parent of the child under this chapter. (b) If an individual who consented in a record to assisted reproduction by an individual who agreed to give birth to a child dies before a transfer of gametes or embryos, the deceased individual is a parent of a child conceived by the assisted reproduction only if: (1) Either: a. The individual consented in a record that if assisted reproduction were to occur after the death of the individual, the individual would be a parent of the child; or b. The individual’s intent to be a parent of a child conceived by assisted reproduction after the individual’s death is established by clear-and-convincing evidence; and (2) Either: a. The embryo is in utero not later than 36 months after the individual’s death; or b. The child is born not later than 45 months after the individual’s death.

Del. Code tit. 13, § 8-801 Short title [Effective Dec. 6, 2026].

This subchapter may be cited as the “Gestational and Genetic Carrier Agreement Act.”

Del. Code tit. 13, § 8-802 Definitions [Effective Dec. 6, 2026].

In this subchapter: (1) “Genetic carrier” means an individual who is not an intended parent and who agrees to become pregnant through assisted reproduction using the individual’s own gamete with the intention of gestating and delivering the intended parent’s child. (2) “Genetic carrier agreement” means a written agreement between the genetic carrier, the genetic carrier’s spouse or partner, if any, and the intended parent, under which the intended parent agrees to become the parent of the child resulting from the assisted reproduction. (3) “Genetic carrier arrangement” means the process by which an individual attempts to carry and give birth to a child created through assisted reproduction using the individual’s own gamete and a gamete provided by the intended parents which may or may not be genetically related to either of the intended parents. (4) “Gestational carrier” means a individual who is neither an intended parent nor a donor, who agrees to become pregnant for an intended parent by assisted reproduction with the intention of gestating and delivering the intended parent’s child. (5) “Gestational carrier agreement” means a written agreement between the gestational carrier, the gestational carrier’s spouse or partner, if any, and the intended parent, under which the intended parent agrees to become the parent of the child resulting from the assisted reproduction. (6) “Gestational carrier arrangement” means the process by which an individual attempts to carry and give birth to a child created through assisted reproduction using the gamete provided by the intended parents which may or may not be genetically related to either of the intended parents, and to which the gestational carrier has made no genetic contribution. (7) “Health care provider” means an individual who is duly licensed to provide health care, including all medical, psychological, or counseling professionals. (8) “Physician” means an individual licensed to practice medicine in any or all of its branches in this State.

Del. Code tit. 13, § 8-803 Scope and purpose [Effective Dec. 6, 2026].

(a) The purpose of this subchapter is to establish consistent standards and procedural safeguards for the protection of all parties to a gestational or genetic carrier agreement in this State and to confirm the legal status of children born as a result of these agreements. These standards and safeguards are meant to facilitate the use of this type of reproductive agreement in accordance with the public policy of this State. (b) This subchapter does not apply to the birth of a child conceived by means of sexual intercourse.

Del. Code tit. 13, § 8-804 Bases for jurisdiction over nonresident [Effective Dec. 6, 2026].

In a proceeding to enforce a gestational or genetic carrier agreement, a tribunal of this State may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservator if: (1) The individual is personally served with notice within this State; (2) The individual submits to the jurisdiction of this State by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction; (3) The individual resided in this State at the time the individual executed the gestational or genetic carrier agreement or consented to the embryo transfer; (4) The individual executed a gestational or genetic carrier agreement with an individual who resided in this State at the time the gestational or genetic carrier agreement was executed and voluntarily submitted to the jurisdiction of this State in the gestational or genetic carrier agreement; (5) The nonresident gestational or genetic carrier had, or is expected to have an embryo transfer performed in this State under a gestational or genetic carrier agreement; (6) The nonresident intended parents consented to a gestational carrier having an embryo transfer in this State under a gestational carrier agreement; (7) The nonresident intended parents consented to a genetic carrier undergoing assisted reproduction in this State under a genetic carrier agreement; (8) The child was, or is expected to be born in this State as demonstrated by a provision in the gestational or genetic carrier agreement; (9) The child resides in this State as a result of the acts or directives of the individual; or (10) There is any other basis consistent with the Constitutions of this State and the United States for the exercise of personal jurisdiction.

Del. Code tit. 13, § 8-805 Effect of subsequent change of marital status [Effective Dec. 6, 2026].

(a) Unless a gestational or genetic carrier agreement expressly provides otherwise: (1) The marriage of a gestational or genetic carrier after the agreement is signed by all parties does not affect the validity of the agreement, the consent of the gestational or genetic carrier’s spouse to the agreement is not required, and the gestational or genetic carrier’s spouse is not a presumed parent of a child conceived by assisted reproduction under the agreement; and (2) The divorce, dissolution, annulment, or declaration of invalidity of the marriage of the gestational or genetic carrier after the agreement is signed by all parties does not affect the validity of the agreement. (b) Unless a gestational or genetic carrier agreement expressly provides otherwise: (1) The marriage of an intended parent after an agreement is signed by all parties does not affect the validity of a gestational or genetic carrier agreement, the consent of the spouse of the intended parent is not required, and the spouse of the intended parent is not, based on the agreement, a parent of the child conceived by assisted reproduction under the agreement; and (2) The divorce, dissolution, annulment, or declaration of invalidity of an intended parent after the agreement is signed by all parties does not affect the validity of the agreement and, except as otherwise provided in § 8-817 of this title, the intended parents are the parents of the child.

Del. Code tit. 13, § 8-806 Gestational and genetic carrier agreements: parentage of deceased intended parent [Effective Dec. 6, 2026].

(a) Section 8-811 of this title applies to an intended parent under a gestational carrier agreement even if the intended parent died during the period between the transfer of a gamete or embryo and the birth of the child. (b) Except as otherwise provided in § 8-818, § 8-819, or § 8-820 of this title, on birth of a child conceived by assisted reproduction under a genetic carrier agreement, each intended parent is, by operation of law, a parent of the child, notwithstanding the death of an intended parent during the period between the transfer of a gamete or embryo and the birth of the child. (c) Except as otherwise provided in § 8-811, § 8-818, § 8-819, or § 8-820 of this title, an intended parent is not a parent of a child conceived by assisted reproduction under a gestational or genetic carrier agreement if the intended parent dies before the transfer of a gamete or embryo unless: (1) The agreement provides otherwise; and (2) The transfer of the gamete or embryo occurs not later than 36 months after the death of the intended parent, or birth of the child occurs not later than 45 months after the death of the intended parent.

Del. Code tit. 13, § 8-807 Inspection of documents [Effective Dec. 6, 2026].

Notwithstanding § 1063 of Title 10 and unless the court orders otherwise, a petition and any other document related to a gestational or genetic carrier agreement filed with the court under this part are not open to inspection by any individual other than the parties to the proceeding, a child conceived by assisted reproduction under the agreement, their attorneys, and the Department of Health and Social Services. A court may not authorize an individual to inspect a document related to the agreement, unless required by exigent circumstances. The individual seeking to inspect the document may be required to pay the expense of preparing a copy of the document to be inspected.

Del. Code tit. 13, § 8-808 Parental status of gestational carrier [Effective Dec. 6, 2026].

A gestational carrier is not a parent of a child born as a result of a gestational carrier arrangement.

Del. Code tit. 13, § 8-809 Rights and responsibilities of parents under a gestational carrier agreement [Effective Dec. 6, 2026].

(a) An individual who is considered to be the parent of a child under this chapter has all the rights, responsibities, and obligations set forth in Chapter 7 of this title. (b) The breach of the gestational carrier agreement by the intended parents does not relieve the intended parents of the support obligations imposed by this chapter. (c) If a laboratory error occurs in which the child conceived through means other than sexual intercourse is not genetically related to either of the intended parents, when the intent was for the child to be genetically related to 1 or both intended parents, the intended parents are the parents of the child unless otherwise determined by a court of competent jurisdiction in an action which can only be brought by 1 or more of the genetic parents within 60 days of the date of the child’s birth.

Del. Code tit. 13, § 8-810 Eligibility to enter a gestational carrier agreement [Effective Dec. 6, 2026].

(a) Before executing an agreement to act as a gestational carrier, an individual must meet all of the following requirements: (1) Be at least 21 years of age. (2) Have given birth to at least 1 child. (3) Have completed a medical evaluation. (4) Have completed a mental health evaluation. (5) Have been represented by independent legal counsel licensed to practice law in this State regarding the terms of the gestational carrier agreement and been advised of the potential legal consequences of the gestational carrier arrangement. The legal counsel must be paid for by the intended parents, if requested by the gestational carrier. (6) Have or obtain before the embryo transfer a health insurance policy that covers major medical treatments and hospitalization and that has a term that extends throughout the duration of the expected pregnancy and for 8 weeks after the birth of the child. The health insurance policy may be procured by the intended parents on behalf of the gestational carrier under the gestational carrier agreement. (b) An individual intending to become a parent, whether genetically related to the child or not, must meet the following requirements at the time the gestational carrier agreement is executed: (1) Have completed a mental health evaluation; and (2) Have been represented by independent legal counsel licensed to practice law in this State regarding the terms of the gestational carrier agreement and have been advised of the potential legal consequences of the gestational carrier arrangement.

Del. Code tit. 13, § 8-811 Requirements for a gestational carrier agreement [Effective Dec. 6, 2026].

(a) A gestational carrier agreement is enforceable if: (1) It meets the requirements set forth in subsection (b) of this section, and (2) It contains at a minimum each of the terms set forth in subsection (c) of this section. (b) A gestational carrier agreement must meet the following requirements: (1) Be in writing; (2) Be executed before the initiation of an embryo transfer in furtherance of the gestational carrier arrangement by the following, who have been represented in all matters concerning the gestational carrier arrangement and the gestational carrier agreement by independent legal counsel licensed to practice law in this State: a. A gestational carrier meeting the eligibility requirements of § 8-810(a) of this title and, if married, the gestational carrier’s spouse; and b. The intended parents meeting the eligibility requirements of § 8-810(b) of this title. If an intended parent is married or a party to a civil union, both spouses must execute the gestational carrier agreement; (3) [Repealed.] (4) Include a written acknowledgment, signed by the gestational carrier and intended parents, stating that the gestational carrier and intended parents received information about the legal, financial, and contractual rights, expectations, penalties, and obligations of the gestational carrier agreement; (5) If the gestational carrier agreement provides for the payment of compensation to the gestational carrier, require that the compensation be placed in escrow with an independent escrow agent pursuant to an escrow agreement before the gestational carrier’s commencement of any medical procedure, other than medical or mental health evaluations necessary to determine the gestational carrier’s eligibility under § 8-810(a) of this title; and (6) Be witnessed by 2 disinterested, competent adults. (c) A gestational carrier agreement must expressly provide the following: (1) The written agreement of the gestational carrier to: a. Undergo embryo transfer and attempt to carry and give birth to the child; and b. Surrender custody of the child to the intended parents immediately on the birth of the child; (2) If the gestational carrier is married, that the gestational carrier’s spouse: a. Acknowledges and agrees to abide by the obligations imposed on the gestational carrier by the terms of the gestational carrier agreement; and b. Surrenders custody of the child to the intended parents immediately on the birth of the child; (3) The right of the gestational carrier to utilize the services of a health care provider of the gestational carrier’s choosing, after consultation with the intended parents, to provide the gestational carrier’s care during the pregnancy; and (4) The written agreement of the intended parents to: a. Accept legal custody of the child immediately on the birth of the child; and b. Assume sole responsibility for the child immediately on the birth of the child. (d) A gestational carrier agreement is enforceable even though it contains 1 or more of the following provisions: (1) The gestational carrier’s agreement to undergo all medical exams, treatments, and fetal monitoring procedures that the physician recommends for the success of the pregnancy; (2) The gestational carrier’s agreement to abstain from any activities that the intended parents or the physician reasonably believes to be harmful to the pregnancy and future health of the child, including smoking, drinking alcohol, using nonprescribed drugs, using prescription drugs not authorized by a physician aware of the gestational carrier’s pregnancy, exposure to radiation, or any other activities proscribed by a health care provider; (3) The agreement of the intended parents to pay the gestational carrier reasonable compensation; and (4) The agreement of the intended parents to pay for or reimburse the gestational carrier for reasonable expenses, including medical, legal, or other professional expenses, related to the gestational carrier arrangement and the gestational carrier agreement. (e) If any of the requirements of this section are not met, a court of competent jurisdiction shall determine parentage based on evidence of the parties’ intent. (f) An escrow agent which enters into an escrow agreement with a party to a gestational carrier agreement which is governed by Delaware law, or with a Delaware resident who is a party to a gestational carrier agreement, consents to the jurisdiction of the Delaware courts for all proceedings related to the enforcement of the escrow agreement.

Del. Code tit. 13, § 8-812 Effect of noncompliance with gestational carrier agreement [Effective Dec. 6, 2026].

Except as otherwise provided in this chapter, if a party does not comply with the requirements of this subchapter, a court of competent jurisdiction shall determine the respective rights and obligations of the parties.

Del. Code tit. 13, § 8-813 Remedies [Effective Dec. 6, 2026].

(a) Except as expressly provided in the gestational carrier agreement and subsection (c) of this section, the intended parents are entitled to all remedies available at law or equity. (b) Except as expressly provided in the gestational carrier agreement and subsection (c) of this section, the gestational carrier is entitled to all remedies available at law or equity. (c) Specific performance is not an available remedy for a breach by the gestational carrier of a gestational carrier agreement term that requires the gestational carrier to be impregnated.

Del. Code tit. 13, § 8-814 Eligibility to enter into a genetic carrier agreement [Effective Dec. 6, 2026].

(a) Before executing an agreement to act as a genetic carrier, an individual must meet all of the following requirements: (1) Be at least 21 years of age. (2) Have given birth to at least 1 child. (3) Have completed a medical evaluation. (4) Have completed a mental health evaluation. (5) Have been represented by independent legal counsel licensed to practice law in this State regarding the terms of the genetic carrier agreement and been advised of the potential legal consequences of the genetic carrier arrangement. The legal counsel must be paid for by the intended parents, if requested by the genetic carrier. (6) Have or obtain before the embryo transfer a health insurance policy that covers major medical treatments and hospitalization and that has a term that extends throughout the duration of the expected pregnancy and for 8 weeks after the birth of the child. The health insurance policy may be procured by the intended parents on behalf of the genetic carrier under the genetic carrier agreement. (b) An individual intending to become a parent, whether genetically related to the child or not, must meet the following requirements at the time the genetic carrier agreement is executed: (1) Have completed a mental health evaluation; and (2) Have been represented by independent legal counsel licensed to practice law in this State regarding the terms of the genetic carrier agreement and have been advised of the potential legal consequences of the genetic carrier arrangement.

Del. Code tit. 13, § 8-815 Requirements for a genetic carrier agreement [Effective Dec. 6, 2026].

(a) A genetic carrier agreement is enforceable if: (1) It meets the requirements set forth in subsection (b) of this section; and (2) It contains, at a minimum, each of the terms set forth in subsection (c) of this section. (b) A genetic carrier agreement must meet the following requirements: (1) Be in writing; (2) Be executed before the initiation of assisted reproduction in furtherance of the genetic carrier arrangement by the following, who have been represented in all matters concerning the genetic carrier arrangement and the genetic carrier agreement: a. A genetic carrier meeting the eligibility requirements of § 8-814(a) of this title and, if married, the genetic carrier’s spouse; and b. The intended parents meeting the eligibility requirements of § 8-814(b) of this title. If an intended parent is married or a party to a civil union, both spouses must execute the genetic carrier agreement; (3) Include a written acknowledgment, signed by the genetic carrier and intended parents, stating that the genetic carrier and intended parents received information about the legal, financial, and contractual rights, expectations, penalties, and obligations of the genetic carrier agreement; (4) If the genetic carrier agreement provides for the payment of compensation to the genetic carrier, require that the compensation be placed in escrow with an independent escrow agent pursuant to an escrow agreement before the genetic carrier’s commencement of any medical procedure, other than medical or mental health evaluations necessary to determine the genetic carrier’s eligibility under § 8-814(a) of this title; and (5) Be witnessed by 2 disinterested, competent adults. (c) A genetic carrier agreement must expressly provide the following: (1) The written agreement of the genetic carrier to: a. Undergo assisted reproduction using the genetic carrier’s own gamete and attempt to carry and give birth to the child; and b. Surrender custody of the child to the intended parents immediately on the birth of the child; (2) If the genetic carrier is married, that the genetic carrier’s spouse: a. Acknowledges and agrees to abide by the obligations imposed on the genetic carrier by the terms of the genetic carrier agreement; and b. Surrenders custody of the child to the intended parents immediately on the birth of the child; (3) The right of the genetic carrier to utilize the services of a health care provider of the genetic carrier’s choosing, after consultation with the intended parents, to provide the genetic carrier’s care during the pregnancy; and (4) The written agreement of the intended parents to: a. Accept legal custody of the child immediately on birth of the child; and b. Assume sole responsibility for the child immediately on birth of the child. (d) A genetic carrier agreement is enforceable even though it contains 1 or more of the following provisions: (1) The genetic carrier’s agreement to undergo all medical exams, treatments, and fetal monitoring procedures that the physician recommends for the success of the pregnancy; (2) The genetic carrier’s agreement to abstain from any activities that the intended parents or the physician reasonably believes to be harmful to the pregnancy and future health of the child, including smoking, drinking alcohol, using nonprescribed drugs, using prescription drugs not authorized by a physician aware of the genetic carrier’s pregnancy, exposure to radiation, or any other activities proscribed by a health care provider; (3) The agreement of the intended parents to pay the genetic carrier reasonable compensation; and (4) The agreement of the intended parents to pay for or reimburse the genetic carrier for reasonable expenses, including medical, legal, or other professional expenses, related to the genetic carrier arrangement and the genetic carrier agreement. (e) An escrow agent which enters into an escrow agreement with a party to a genetic carrier agreement which is governed by Delaware law, or with a Delaware resident who is a party to a genetic carrier agreement, consents to the jurisdiction of the Delaware courts for all proceedings related to the enforcement of the escrow agreement.

Del. Code tit. 13, § 8-816 Requirements to validate genetic carrier agreement [Effective Dec. 6, 2026].

(a) Except as otherwise provided in § 8-820 of this title, to be enforceable, a genetic carrier agreement must be validated by the court. A proceeding to validate the agreement must be commenced before assisted reproduction related to the genetic carrier agreement. (b) The court shall issue an order validating the genetic carrier agreement if the court finds that: (1) Sections 8-814 and 8-815 of this title are satisfied; and (2) All parties entered into the agreement voluntarily and understand its terms. (c) An individual who terminates under § 8-817 of this title a genetic carrier agreement shall file notice of the termination with the court. On receipt of the notice, the court shall vacate any order issued under subsection (b) of this section. An individual who does not notify the court of the termination of the agreement is subject to sanctions.

Del. Code tit. 13, § 8-817 Termination of genetic carrier agreement [Effective Dec. 6, 2026].

(a) A party to a genetic carrier agreement may terminate the agreement as follows: (1) An intended parent who is a party to the agreement may terminate the agreement at any time before a gamete or embryo transfer by giving notice of termination in a record to all other parties. If a gamete or embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent gamete or embryo transfer. The notice of termination must be attested by a notarial officer or witnessed. (2) A genetic carrier who is a party to the agreement may withdraw consent to the agreement any time before 72 hours after the birth of a child conceived by assisted reproduction under the agreement. To withdraw consent, the genetic carrier must execute a notice of termination in a record stating the genetic carrier’s intent to terminate the agreement. The notice of termination must be attested by a notarial officer or witnessed and be delivered to each intended parent any time before 72 hours after the birth of the child. (b) On termination of the genetic carrier agreement under subsection (a) of this section, the parties are released from all obligations under the agreement except that each intended parent remains responsible for all expenses incurred by the genetic carrier through the date of termination which are reimbursable under the genetic carrier agreement. Unless the genetic carrier agreement provides otherwise, the genetic carrier is not entitled to any nonexpense-related compensation paid for serving as a genetic carrier. (c) Except in a case involving fraud, neither a genetic carrier nor the carrier’s spouse or former spouse, if any, is liable to the intended parent or parents for a penalty or liquidated damages, for terminating a genetic carrier agreement under this section.

Del. Code tit. 13, § 8-818 Parentage under validated genetic carrier agreement [Effective Dec. 6, 2026].

(a) Unless a genetic carrier exercises the right under § 8-817 of this title to terminate a genetic carrier agreement, each intended parent is a parent of a child conceived by assisted reproduction under an agreement validated under § 8-816 of this title. (b) Unless a genetic carrier exercises the right under § 8-817 of this title to terminate the genetic carrier agreement, on proof of a court order issued under § 8-816 of this title validating the agreement, the court shall make an order: (1) Declaring that each intended parent is a parent of a child conceived by assisted reproduction under the agreement and ordering that parental rights and duties vest exclusively in each intended parent; (2) Declaring that the genetic carrier and the genetic carrier’s spouse or former spouse, if any, are not parents of the child; (3) Designating the contents of the birth certificate in accordance with subchapter II of Chapter 31 of Title 16 and directing the Office of Vital Statistics to designate each intended parent as a parent of the child; (4) To protect the privacy of the child and the parties, declaring that the court record is not open to inspection except as authorized under § 8-807 of this title; (5) If necessary, that the child be surrendered to the intended parents; and (6) For other relief the court determines necessary and proper. (c) If a genetic carrier terminates under § 8-817(a)(2) of this title a genetic carrier agreement, parentage of the child conceived by assisted reproduction under the agreement must be determined under subchapters I through VI of this chapter. (d) If a child born to a genetic carrier is alleged not to have been conceived by assisted reproduction, the court shall order genetic testing to determine the genetic parentage of the child. If the child was not conceived by assisted reproduction, parentage must be determined under subchapter I through VI of this chapter. Unless the genetic carrier agreement provides otherwise, if the child was not conceived by assisted reproduction the genetic carrier is not entitled to any nonexpense-related compensation paid for serving as a genetic carrier. (e) Unless a genetic carrier exercises the right under § 8-817 of this title to terminate the genetic carrier agreement, if an intended parent fails to file notice required under § 8-817(a) of this title, the genetic carrier or Department of Health and Social Services may file with the court, not later than 60 days after the birth of a child conceived by assisted reproduction under the agreement, notice that the child has been born to the genetic carrier. Unless the genetic carrier has properly exercised the right under § 8-817 of this title to withdraw consent to the agreement, on proof of a court order issued under § 8-816 of this title validating the agreement, the court shall order that each intended parent is a parent of the child.

Del. Code tit. 13, § 8-819 Rights and responsibilities of parents under a genetic carrier agreement [Effective Dec. 6, 2026].

(a) An individual who is considered to be the parent of a child under this chapter has all the rights, responsibilities, and obligations set forth in Chapter 7 of this title. (b) The breach of the genetic carrier agreement by the intended parents does not relieve the intended parents of the support obligations imposed by this chapter. (c) If a laboratory error in which the child conceived through means other than sexual intercourse is not genetically related to either of the intended parents, when the intent was for the child to be genetically related to 1 of the intended parents, the intended parents are the parents of the child unless otherwise determined by a court of competent jurisdiction in an action which can only be brought by 1 or more of the genetic parents within 60 days of the date of the child’s birth.

Del. Code tit. 13, § 8-820 Effect of nonvalidated genetic carrier agreement [Effective Dec. 6, 2026].

(a) A genetic carrier agreement, whether or not in a record, that is not validated under § 8-816 of this title is enforceable only to the extent provided in this section and § 8-821 of this title. (b) If all parties agree, a court may validate a genetic carrier agreement after assisted reproduction has occurred but before the birth of a child conceived by assisted reproduction under the agreement. (c) If a child conceived by assisted reproduction under a genetic carrier agreement that is not validated under § 8-816 of this title is born and the genetic carrier, consistent with § 8-817(a)(2) of this title, withdraws the genetic carrier’s consent to the agreement before 72 hours after the birth of the child, the court shall adjudicate the parentage of the child under subchapters I through VI of this chapter. (d) If a child conceived by assisted reproduction under a genetic carrier agreement that is not validated under § 8-816 of this title is born and a genetic carrier does not withdraw the genetic carrier’s consent to the agreement, consistent with § 8-817(a)(2) of this title, before 72 hours after the birth of the child, the genetic carrier is not automatically a parent and the court shall adjudicate parentage of the child based on the best interest of the child, taking into account the factors in § 8-613(a) of this title and the intent of the parties at the time of the execution of the agreement. (e) The parties to a genetic carrier agreement have standing to maintain a proceeding to adjudicate parentage under this section.

Del. Code tit. 13, § 8-821 Breach of genetic carrier agreement [Effective Dec. 6, 2026].

(a) Subject to § 8-816(b) of this title, if a genetic carrier agreement is breached by a genetic carrier or 1 or more intended parents, the nonbreaching party is entitled to the remedies available at law or in equity. (b) Specific performance is not a remedy available for breach by a genetic carrier of a requirement of a validated or nonvalidated genetic carrier agreement that the genetic carrier be impregnated, terminate or not terminate a pregnancy, or submit to medical procedures. (c) Except as otherwise provided in subsection (b) of this section, specific performance is a remedy available for: (1) Breach of a validated genetic carrier agreement by a genetic carrier of a requirement which prevents an intended parent from exercising the full rights of parentage 72 hours after the birth of the child; or (2) Breach by an intended parent which prevents the intended parent’s acceptance of duties of parentage 72 hours after the birth of the child.

Del. Code tit. 13, § 8-822 Immunities [Effective Dec. 6, 2026].

Except as provided in this subchapter, an individual is not liable for nonnegligent actions taken under the requirements of this subchapter.

Del. Code tit. 13, § 8-823 Severability [Effective Dec. 6, 2026].

If any provision of this subchapter or its application to any individual or circumstance is held to be invalid, the invalidity of that provision or application does not affect other provisions or applications of this subchapter that can be given effect without the invalid provision or application.

Del. Code tit. 13, § 8-824 Irrevocability [Effective Dec. 6, 2026].

An action to invalidate a gestational or genetic carrier agreement meeting the requirements of this subchapter or to challenge the rights of parentage established under this subchapter may not be commenced after 12 months from the date of birth of the child.

Del. Code tit. 13, § 8-825 Application [Effective Dec. 6, 2026].

(a) The rule of construction that statutes in derogation of the common law are to be strictly construed does not apply to this subchapter. This subchapter must be broadly construed to accomplish its intended purposes. (b) Part 2 of this subchapter, as enacted by 79 Del. Laws, c. 88, § 8, applies only to gestational carrier agreements executed after July 3, 2013, and before December 6, 2026, except proceedings for pre-birth determination of parentage pursuant to § 8-617 of this title which may be commenced on or after July 3, 2013, and before December 6, 2026. (c) Part 2 of this subchapter, as enacted by 85 Del. Laws, c. 276, applies to gestational carrier agreements executed, or gestational carrier arrangements made, on or after December 6, 2026. (d) Part 3 of this subchapter applies to genetic carrier agreements executed, or genetic carrier arrangements made, before, on, or after December 6, 2026.

Del. Code tit. 13, § 8-901 Definitions [Effective Dec. 6, 2026].

In this subchapter: (1) “Identifying information” means: a. The full name of a donor; b. The date of birth of the donor; and c. The permanent and, if different, current address, telephone number, and electronic mail address of the donor at the time of the donation. (2) “Medical history” means information regarding any: a. Present illness of a donor; b. Past illness of the donor; and c. Social, genetic, and family history pertaining to the health of the donor.

Del. Code tit. 13, § 8-902 Applicability [Effective Dec. 6, 2026].

This subchapter applies only to gametes collected on or after December 6, 2026.

Del. Code tit. 13, § 8-903 Collection of information [Effective Dec. 6, 2026].

(a) A gamete bank or fertility clinic licensed in this State shall collect from a donor the donor’s identifying information and medical history at the time of the donation. (b) A gamete bank or fertility clinic licensed in this State which receives gametes of a donor collected by another gamete bank or fertility clinic shall collect the name, address, telephone number, and electronic mail address of the gamete bank or fertility clinic from which it received the gametes. (c) A gamete bank or fertility clinic licensed in this State shall disclose the information collected under subsections (a) and (b) of this section as provided under § 8-904 of this tile.

Del. Code tit. 13, § 8-904 Disclosure of identifying information and medical history [Effective Dec. 6, 2026].

(a) On request of a child conceived by assisted reproduction who attains 18 years of age, a gamete bank or fertility clinic licensed in this State which collected the gametes used in the assisted reproduction shall provide the child with identifying information of the donor who provided the gametes. (b) Regardless whether a child has made a request under subsection (a) of this section, on request of a child conceived by assisted reproduction who attains 18 years of age, or, if the child is a minor, of a parent or guardian of the child, a gamete bank or fertility clinic licensed in this State which collected the gametes used in the assisted reproduction shall provide the child or, if the child is a minor, the parent or guardian of the child, access to nonidentifying medical history of the donor. (c) On request of a child conceived by assisted reproduction who attains 18 years of age, or, if the child is a minor, of a parent or guardian of the child, a gamete bank or fertility clinic licensed in this State which received the gametes used in the assisted reproduction from another gamete bank or fertility clinic shall disclose to the child or, if the child is a minor, the parent or guardian of the child, the name, address, telephone number, and electronic mail address of the gamete bank or fertility clinic from which it received the gametes.

Del. Code tit. 13, § 8-905 Recordkeeping [Effective Dec. 6, 2026].

(a) A gamete bank or fertility clinic licensed in this State which collects gametes for use in assisted reproduction shall maintain identifying information and medical history about each gamete donor. The gamete bank or fertility clinic shall maintain records of gamete screening and testing and comply with reporting requirements, in accordance with federal law and applicable law of this State other than this chapter. (b) A gamete bank or fertility clinic licensed in this State that receives gametes from another gamete bank or fertility clinic shall maintain the name, address, telephone number, and electronic mail address of the gamete bank or fertility clinic from which it received the gametes

Del. Code tit. 13, § 8-1001 Uniformity of application and construction [Effective Dec. 6, 2026].

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Del. Code tit. 13, § 8-1002 Relation to Electronic Signatures in Global and National Commerce Act [Effective Dec. 6, 2026].

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in § 103(b) of that act, 15 U.S.C. § 7003(b).

Del. Code tit. 13, § 8-1003 Effect on existing parentage [Effective Dec. 6, 2026].

A determination of parentage or nonparentage made under the law of this State before the enactment of 74 Del. Laws, c. 136, 79 Del. Laws, c. 88, and 85 Del. Laws, c. 276 remains in force and effect.

Del. Code tit. 13, § 8-1004 Transitional provision [Effective Dec. 6, 2026].

This chapter applies to a pending proceeding to adjudicate parentage commenced before December 6, 2026 for an issue on which a judgment has not been entered.

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title13/c008/sc01/index.htmlFetched: 10/4/2026