Breach of genetic carrier agreement [Effective Dec. 6, 2026].
Del. Code tit. 13, § 8-821
in effect(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.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title13/c008/sc08/index.htmlFetched: 10/4/2026