reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7A. CHILD PROTECTION FROM DOMESTIC VIOLENCE AND SEX OFFENDERS ACT › Subchapter I. Child Protection From Domestic Violence Act › § 703A. Definitions.

§ 703A. Definitions.
(a) “Domestic violence” includes but is not limited to physical or sexual abuse or threats of physical or sexual abuse and any other offense against the person committed by 1 parent against the other parent, against any child living in either parent's home, or against any other adult living in the child's home. “Domestic violence” does not include reasonable acts of self-defense by 1 parent for self-protection or in order to protect the child from abuse or threats of abuse by the other parent or other adult living in the child's home.
(b) “Perpetrator of domestic violence” means any individual who has been convicted of committing any of the following criminal offenses in the State, or any comparable offense in another jurisdiction, against the child at issue in a custody or visitation proceeding, against the other parent of the child, or against any other adult or minor child living in the home:
(1) Any felony level offense.
(2) Assault in the third degree.
(3) Reckless endangering in the second degree.
(4) Reckless burning or exploding.
(5) Unlawful imprisonment in the second degree.
(6) Unlawful sexual contact in the third degree.
(7) Criminal contempt of Family Court protective order based on an assault or other physical abuse, threat of assault or other physical abuse or any other actions placing the petitioner in immediate risk or fear of bodily harm.
(8) Child abuse in the fourth degree.
69 Del. Laws, c. 309, §  4;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 174, §  3;  83 Del. Laws, c. 113, § 1;  84 Del. Laws, c. 126, § 12;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7A. CHILD PROTECTION FROM DOMESTIC VIOLENCE AND SEX OFFENDERS ACT › Subchapter I. Child Protection From Domestic Violence Act › § 704A. Fleeing from domestic violence.

§ 704A. Fleeing from domestic violence.
For purposes of this title, it shall not be considered evidence of abandonment in any child custody or visitation proceeding if a parent flees from domestic violence and temporarily leaves the child behind, as long as that child is not left in immediate danger of serious physical injury.
69 Del. Laws, c. 309, §  4;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 174, §  3;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7A. CHILD PROTECTION FROM DOMESTIC VIOLENCE AND SEX OFFENDERS ACT › Subchapter I. Child Protection From Domestic Violence Act › § 706A. Evidence of domestic violence.

§ 706A. Evidence of domestic violence.
(a) Any evidence of a past or present act of domestic violence, whether or not committed in the presence of the child, is a relevant factor that must be considered by the court in determining the legal custody and residential arrangements in accordance with the best interests of the child.
(b) If sole or joint custody is awarded to, or if primary residence of a child is placed with, a party notwithstanding evidence that the party has committed acts of domestic violence against the other parent, against the child or against any other person living in the child's household, the court shall make specific written findings in support of the decision to award custody or primary residence to that party.
69 Del. Laws, c. 309, §  4;  76 Del. Laws, c. 174, §  3;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7A. CHILD PROTECTION FROM DOMESTIC VIOLENCE AND SEX OFFENDERS ACT › Subchapter I. Child Protection From Domestic Violence Act › § 707A. Counseling.

§ 707A. Counseling.
If the court awards sole or joint custody or primary residence to a parent who has a history of committing acts of domestic violence, that parent shall be ordered to complete a program of evaluation and counseling designed specifically for perpetrators of family violence and conducted by a public or private agency or a certified mental health professional. That parent may also be ordered to attend alcohol or drug abuse treatment and any other counseling that may be appropriate.
69 Del. Laws, c. 309, §  4;  76 Del. Laws, c. 174, §  3;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7A. CHILD PROTECTION FROM DOMESTIC VIOLENCE AND SEX OFFENDERS ACT › Subchapter I. Child Protection From Domestic Violence Act › § 708A. Visitation.

§ 708A. Visitation.
Notwithstanding the other provisions of this title, in all cases in which the court finds by a preponderance of the evidence that 1 of the child's parents has committed an act of domestic violence against the child, against the other parent or against any other person living in the child's household the court shall determine a schedule, location and conditions for visitation that best protects the child and the victim of domestic violence from further violence.
69 Del. Laws, c. 309, §  4;  76 Del. Laws, c. 174, §  3;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7A. CHILD PROTECTION FROM DOMESTIC VIOLENCE AND SEX OFFENDERS ACT › Subchapter I. Child Protection From Domestic Violence Act › § 709A. Modification of orders.

§ 709A. Modification of orders.
Notwithstanding other provisions of this title:
(1) An order concerning visitation may be modified at any time if necessary to protect the safety of the child or the child's parent in light of acts of domestic violence that have occurred since the entry of the most recent visitation order.
(2) A custody order may be modified at any time if a parent who has sole or joint custody has committed acts of domestic violence since the entry of the most recent custody order.
(3) In determining whether a custody award should be modified, the court shall not consider noncompliance with an existing custody or visitation order or noncompliance with the duties and responsibilities under § 727 of this title if such noncompliance was caused by the parent's attempt at self-protection or protection of the child from acts of domestic violence committed since the entry of the court's most recent custody or visitation order.
69 Del. Laws, c. 309, §  4;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 174, §  3;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7A. CHILD PROTECTION FROM DOMESTIC VIOLENCE AND SEX OFFENDERS ACT › Subchapter I. Child Protection From Domestic Violence Act › § 711A. Ordered mediation prohibited.

§ 711A. Ordered mediation prohibited.
Notwithstanding any other provision of law to the contrary, Family Court mediation conferences shall be prohibited in any child custody or visitation or support proceeding in which 1 of the parties has been found by a court, whether in that proceeding or in some other proceeding, to have committed an act of domestic violence against the other party or if either party has been ordered to stay away or have no contact with the other party, unless a victim of domestic violence who is represented by counsel requests such mediation.
69 Del. Laws, c. 309, §  4;  76 Del. Laws, c. 174, §  3;  79 Del. Laws, c. 257, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7A. CHILD PROTECTION FROM DOMESTIC VIOLENCE AND SEX OFFENDERS ACT › Subchapter II. Child Protection From Sex Offenders Act › § 721A. Title.

§ 721A. Title.
This subchapter shall be known as and may be cited as the “Child Protection from Sex Offenders Act.”
76 Del. Laws, c. 174, §  6;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7A. CHILD PROTECTION FROM DOMESTIC VIOLENCE AND SEX OFFENDERS ACT › Subchapter II. Child Protection From Sex Offenders Act › § 722A. Purpose.

§ 722A. Purpose.
The purpose of this subchapter is to protect children from sex offenders by presuming that it is not in the best interests of a child to be placed in a custodial, residential or unsupervised visitation arrangement with a sex offender, regardless of whether the sex offender's victim was an adult or a child.
Nothing in this subchapter shall preclude the court from denying custody, residency or visitation under other appropriate circumstances, including denying same under an ex parte or other emergency order.
76 Del. Laws, c. 174, §  6;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7A. CHILD PROTECTION FROM DOMESTIC VIOLENCE AND SEX OFFENDERS ACT › Subchapter II. Child Protection From Sex Offenders Act › § 723A. Definitions.

§ 723A. Definitions.
For the purposes of this subchapter, a “sex offender” refers to any person designated by the courts of this State as a Risk Assessment Tier II or III sex offender under § 4121 of Title 11, or a person designated and treated as such by a court or a jurisdiction outside of Delaware, regardless of whether the sex offender's victim was an adult or a child.
76 Del. Laws, c. 174, §  6;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7A. CHILD PROTECTION FROM DOMESTIC VIOLENCE AND SEX OFFENDERS ACT › Subchapter II. Child Protection From Sex Offenders Act › § 725A. Findings.

§ 725A. Findings.
Should the court grant custody, residential responsibilities or visitation to a sex offender under this subchapter, the court shall make specific written findings in support of its decision, including any limitations or requirements for further counseling, services or other safeguards necessary to ensure the safety and best interests of the child continue to be served.
76 Del. Laws, c. 174, §  6;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7A. CHILD PROTECTION FROM DOMESTIC VIOLENCE AND SEX OFFENDERS ACT › Subchapter II. Child Protection From Sex Offenders Act › § 726A. Sexual abuse without a criminal conviction.

§ 726A. Sexual abuse without a criminal conviction.
In the absence of a criminal conviction, if the court finds by a preponderance of the evidence that a parent has sexually abused a child, the court shall prohibit all visitation and contact between that parent and the child, until it considers testimony from a certified mental health professional who is the therapist for the child, as to whether such a custodial, residential or visitation arrangement is in the child's best interests. If a custodial, residential or visitation arrangement is in the child's best interests, in determining same, the court should consider all relevant factors including:
(1) Whether the abusive parent has successfully completed a treatment program of evaluation and counseling that is specifically designed for sexual abusers and is conducted by a public or private agency or a certified mental health professional, and as a result, does not pose a risk to children;
(2) Whether the abusive parent has successfully completed a program of alcohol or drug abuse counseling if the court determines such counseling is appropriate; and
(3) Any testimony by a certified mental health professional who is the therapist for the sexually abusive parent.
76 Del. Laws, c. 174, §  6;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7A. CHILD PROTECTION FROM DOMESTIC VIOLENCE AND SEX OFFENDERS ACT › Subchapter II. Child Protection From Sex Offenders Act › § 727A. Modification of orders.

§ 727A. Modification of orders.
Notwithstanding other provisions of this title:
(1) An order concerning visitation issued under this subchapter may be modified at any time if it is in the best interests of the child and/or it is necessary to protect the safety of the child.
(2) A custody order under this subchapter may be modified as provided for in § 729 of this title; however, in determining whether a custody award should be modified, the court shall not consider noncompliance with an existing custody or visitation order or noncompliance with the duties and responsibilities under § 727 of this title if such noncompliance was caused by the parent's attempt at protection of the child from sexual abuse since the entry of the court's most recent custody or visitation order.
76 Del. Laws, c. 174, §  6;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7A. CHILD PROTECTION FROM DOMESTIC VIOLENCE AND SEX OFFENDERS ACT › Subchapter II. Child Protection From Sex Offenders Act › § 728A. Ordered mediation prohibited.

§ 728A. Ordered mediation prohibited.
Notwithstanding any other provision of law to the contrary, Family Court mediation conferences shall be prohibited in any child custody or visitation proceeding in which 1 of the parties is a sex offender.
76 Del. Laws, c. 174, §  6;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter I. General Provisions › § 8-103. Scope of chapter; choice of law.

§§ 8-103. Scope of chapter; choice of law.
(a) This chapter applies to determinations 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, enlarge, or diminish parental rights or duties under other law of this State.
(d) This chapter authorizes an agreement between a woman and another person, an unmarried couple, or a married couple in which the woman relinquishes all rights as a parent of a child conceived by means of assisted reproduction, and which provides that the person or married or unmarried couple become the parents of the child. If a birth results under such an agreement and the agreement is unenforceable under the law of this State, the parent-child relationship is determined as provided in subchapter II of this chapter.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 88, §  2;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter I. General Provisions › § 8-105. Protection of participants.

§§ 8-105. Protection of participants.
(a) Notwithstanding any other law concerning public hearings and records, any hearing or trial under this chapter shall 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) Except as provided in § 8-633 of this title, all papers and 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 upon consent of the court, for good cause.
74 Del. Laws, c. 136, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter I. General Provisions › § 8-106. Determination of maternity.

§§ 8-106. Determination of maternity.
Provisions of this chapter relating to determination of paternity apply to determinations of maternity.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter II. Parent-Child Relationship › § 8-201. Establishment of parent-child relationship.

§§ 8-201. Establishment of parent-child relationship.
(a) The mother-child relationship is established between a woman and a child by:
(1) The woman's having given birth to the child, unless she is not the intended parent pursuant to a gestational carrier arrangement;
(2) An adjudication of the woman's maternity;
(3) Adoption of the child by the woman;
(4) A determination by the court that the woman is a de facto parent of the child; or
(5) The woman's intending to be the mother of a child born pursuant to a gestational carrier arrangement; or
(6) The woman's having consented to assisted reproduction by another woman under subchapter VII of this chapter which resulted in the birth of the child.
(b) The father-child relationship is established between a man and a child by:
(1) An unrebutted presumption of the man's paternity of the child under § 8-204 of this title;
(2) An effective acknowledgment of paternity by the man under subchapter III of this chapter, unless the acknowledgment has been rescinded or successfully challenged;
(3) An adjudication of the man's paternity;
(4) Adoption of the child by the man;
(5) The man's having consented to assisted reproduction by a woman under subchapter VII of this chapter which resulted in the birth of the child; or
(6) A determination by the court that the man is a de facto parent of the child
(c) De facto parent status is established if the Family Court determines that the de facto parent:
(1) Has had the support and consent of the child's parent or parents who fostered the formation and establishment of a parent-like relationship between the child and the de facto parent;
(2) Has exercised parental responsibility for the child as that term is defined in § 1101 of this title; and
(3) Has acted in a parental role for a length of time sufficient to have established a bonded and dependent relationship with the child that is parental in nature.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 97, §§  1-3;  79 Del. Laws, c. 88, §  3;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter II. Parent-Child Relationship › § 8-202. No discrimination based on marital status.

§§ 8-202. No discrimination based on marital status.
A child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other.
74 Del. Laws, c. 136, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter II. Parent-Child Relationship › § 8-203. Consequences of establishment of parentage.

§§ 8-203. Consequences of establishment of parentage.
Unless parental rights are terminated, a parent-child relationship established under this chapter applies for all purposes, except as otherwise specifically provided by other law of this State.
74 Del. Laws, c. 136, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter II. Parent-Child Relationship › § 8-204. Presumption of paternity in context of marriage.

§§ 8-204. Presumption of paternity in context of marriage.
(a) A man is presumed to be the father of a child if:
(1) He and the mother of the child are married to each other and the child is born during the marriage;
(2) He and the mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
(3) Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days after its termination by death, annulment, declaration of invalidity or divorce;
(4) After the birth of the child, he and the mother of the child married each other in apparent compliance with law, whether or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child, and:
(i) The assertion is in a record filed with the Office of Vital Statistics;
(ii) He agreed to be and is named as the child's father on the child's birth certificate; or
(iii) He promised in a record to support the child as his own; or
(5) For the first 2 years of the child's life, he resided in the same household with the child and openly held out the child as his own.
(b) A presumption of paternity established under this section may be rebutted only by an adjudication under subchapter VI of this chapter.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter III. Voluntary Acknowledgement of Paternity › § 8-301. Acknowledgement of paternity.

§§ 8-301. Acknowledgement of paternity.
The mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with intent to establish the man's paternity.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter III. Voluntary Acknowledgement of Paternity › § 8-302. Execution of acknowledgment of paternity.

§§ 8-302. Execution of acknowledgment of paternity.
(a) An acknowledgment of paternity must:
(1) Be in a record;
(2) Be signed, or otherwise authenticated, under penalty of perjury by the mother and by the man seeking to establish the man's own paternity;
(3) State that the child whose paternity is being acknowledged:
(i) Does not have a presumed father, or has a presumed father whose full name is stated; and
(ii) Does not have another acknowledged or adjudicated father.
(4) State whether there has been genetic testing and, if so, that the acknowledging man's claim of paternity is consistent with the results of the testing; and
(5) State that the signatories understand that the acknowledgement is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the acknowledgement is permitted only under limited circumstances and is barred after 2 years.
(b) An acknowledgment of paternity is void if it:
(1) States that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the Office of Vital Statistics;
(2) States that another man is an acknowledged or adjudicated father;
(3) Falsely denies the existence of a presumed, acknowledged or adjudicated father of the child; or
(4) Is signed by the mother or a man seeking to establish the man's own paternity who is a minor at the time of signing the acknowledgment of paternity.
(c) A presumed father may sign or otherwise authenticate an acknowledgment of paternity.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 516, § 1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 233, § 18;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter III. Voluntary Acknowledgement of Paternity › § 8-303. Denial of paternity.

§§ 8-303. Denial of paternity.
A presumed father may sign a denial of paternity. The denial is valid only if:
(1) An acknowledgment of paternity signed, or otherwise authenticated, by another man is filed pursuant to § 8-305 of this title;
(2) The denial is in a record, and is signed, or otherwise authenticated, under penalty of perjury; and
(3) The presumed father has not previously:
(i) Acknowledged paternity, unless the previous acknowledgment has been rescinded pursuant to § 8-307 of this title or successfully challenged pursuant to § 8-308 of this title; or
(ii) Been adjudicated to be the father of the child.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter III. Voluntary Acknowledgement of Paternity › § 8-304. Rules for acknowledgement and denial of paternity.

§§ 8-304. Rules for acknowledgement and denial of paternity.
(a) An acknowledgment of paternity and a denial of paternity may be contained in a single document or may be signed in counterparts, and may be filed separately or simultaneously. If the acknowledgment and denial are both necessary, neither is valid until both are filed.
(b) An acknowledgment of paternity or a denial of paternity may be signed before the birth of the child.
(c) Subject to subsection (a) of this section, an acknowledgment of paternity or denial of paternity takes effect on the birth of the child or the filing of the document with the Office of Vital Statistics, whichever occurs later.
(d) [Repealed.]
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 516, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter III. Voluntary Acknowledgement of Paternity › § 8-305. Effect of acknowledgement or denial of paternity.

§§ 8-305. Effect of acknowledgement or denial of paternity.
(a) Except as otherwise provided in §§ 8-307 and 8-308 of this title, a valid acknowledgment of paternity filed with the Office of Vital Statistics is equivalent to an adjudication of paternity of a child and confers upon the acknowledged father all of the rights and duties of a parent.
(b) Except as otherwise provided in §§ 8-307 and 8-308 of this title, a valid denial of paternity by a presumed father filed with the Office of Vital Statistics in conjunction with a valid acknowledgment of paternity is equivalent to an adjudication of the nonpaternity of the presumed father and discharges the presumed father from all rights and duties of a parent.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter III. Voluntary Acknowledgement of Paternity › § 8-306. No filing fee.

§§ 8-306. No filing fee.
The Office of Vital Statistics may not charge for filing an acknowledgment of paternity or denial of paternity.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter III. Voluntary Acknowledgement of Paternity › § 8-307. Proceeding for rescission.

§§ 8-307. Proceeding for rescission.
A signatory may rescind an acknowledgment of paternity or denial of paternity by commencing a proceeding to rescind before the earlier of:
(1) Sixty days after the effective date of the acknowledgment or denial, as provided in § 8-304; or
(2) The date of the first hearing, in a proceeding to which the signatory is a party, before a court to adjudicate an issue relating to the child, including a proceeding that establishes support.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter III. Voluntary Acknowledgement of Paternity › § 8-308. Challenge after expiration of period for rescission.

§§ 8-308. Challenge after expiration of period for rescission.
(a) After the period for rescission under § 8-307 of this title has expired, a signatory of an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only:
(1) On the basis of fraud, duress, or material mistake of fact; and
(2) Within 2 years after the acknowledgment or denial is filed with the Office of Vital Statistics.
(b) A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter III. Voluntary Acknowledgement of Paternity › § 8-309. Procedure for rescission or challenge.

§§ 8-309. Procedure for rescission or challenge.
(a) Every signatory to an acknowledgment of paternity and any related denial of paternity must be made a party to a proceeding to rescind or challenge the acknowledgment or denial.
(b) For the purpose of rescission of, or challenge to, an acknowledgment of paternity or denial of paternity, a signatory submits to personal jurisdiction of this State by signing the acknowledgment or denial, effective upon the filing of the document with the Office of Vital Statistics.
(c) Except for good cause shown, during the pendency of a proceeding to rescind or challenge an acknowledgment of paternity or denial of paternity, the court may not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support.
(d) A proceeding to rescind or to challenge an acknowledgment of paternity or denial of paternity must be conducted in the same manner as a proceeding to adjudicate parentage under subchapter VI of this chapter.
(e) At the conclusion of a proceeding to rescind or challenge an acknowledgment of paternity or denial of paternity, the court shall order the Office of Vital Statistics to amend the birth record of the child, if appropriate.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter III. Voluntary Acknowledgement of Paternity › § 8-310. Ratification barred.

§§ 8-310. Ratification barred.
A court or administrative agency conducting a judicial or administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of paternity.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter III. Voluntary Acknowledgement of Paternity › § 8-311. Full faith and credit.

§§ 8-311. Full faith and credit.
A court of this State shall give full faith and credit to an acknowledgment of paternity or denial of paternity effective in another state if the acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter III. Voluntary Acknowledgement of Paternity › § 8-312. Forms for acknowledgement and denial of paternity.

§§ 8-312. Forms for acknowledgement and denial of paternity.
(a) To facilitate compliance with this subchapter, the Division of Child Support Services shall prescribe forms for the acknowledgment of paternity and the denial of paternity.
(b) A valid acknowledgment of paternity or denial of paternity is not affected by a later modification of the prescribed form.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 234, § 14;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter III. Voluntary Acknowledgement of Paternity › § 8-313. Release of information.

§§ 8-313. Release of information.
The Division of Child Support Services may release information relating to the acknowledgment of paternity or denial of paternity to a signatory of the acknowledgment or denial and to courts and agencies authorized by other law of this State or another state to receive the information of this or another state.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 234, § 15;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter III. Voluntary Acknowledgement of Paternity › § 8-314. Adoption of rules.

§§ 8-314. Adoption of rules.
The Division of Child Support Services may adopt rules to implement this subchapter.
74 Del. Laws, c. 136, §  1;  80 Del. Laws, c. 234, § 16;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter IV. Registry of Paternity › § 8-401. Establishment of registry.

§§ 8-401. Establishment of registry.
A registry of paternity is established in the Office of Vital Statistics.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter IV. Registry of Paternity › § 8-402. Registration for notification.

§§ 8-402. Registration for notification.
(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, a child that he may have fathered must register in the registry of paternity before the birth of the child or within 30 days after the birth of the child.
(b) A man is not required to register if:
(1) A father-child relationship between the man and the child has been established under this chapter or other law; or
(2) The man commences a proceeding to adjudicate his paternity before the court has terminated his parental rights.
(c) A registrant shall promptly notify the registry in a record of any change in the information registered. The Office of Vital Statistics shall incorporate all new information received into its records but need not affirmatively seek to obtain current information for incorporation in the registry.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter IV. Registry of Paternity › § 8-403. Notice of proceeding.

§§ 8-403. Notice of proceeding.
Notice of a proceeding for the adoption of, or termination of parental rights regarding, a child must be given to a registrant who has timely registered. Notice must be given in a manner prescribed for service of process in a civil action.
74 Del. Laws, c. 136, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter IV. Registry of Paternity › § 8-404. Termination of parental rights; child under 1 year of age.

§§ 8-404. Termination of parental rights; child under 1 year of age.
The parental rights of a man who may be the father of a child may be terminated without notice if:
(1) The child has not attained 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; and
(3) The man is not exempt from registration under § 8-402 of this title.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter IV. Registry of Paternity › § 8-405. Termination of parental rights; child at least 1 year of age.

§§ 8-405. Termination of parental rights; child at least 1 year of age.
(a) If a child has attained 1 year of age, notice of a proceeding for adoption of, or termination of parental rights regarding the child must be given to every alleged father of the child, whether or not he has registered with the Office of Vital Statistics.
(b) Notice must be given in a manner prescribed for service of process in a civil action.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter IV. Registry of Paternity › § 8-411. Required form.

§§ 8-411. Required form.
The Office of Vital Statistics shall prepare a form for registering with the agency. The form must require the signature of the registrant. The form must state that the form is signed under penalty of perjury. The form must also state that:
(1) A timely registration entitles the registrant to notice of a proceeding for adoption of the child or termination of the registrant's parental rights;
(2) A timely registration does not commence a proceeding to establish paternity;
(3) The information disclosed on the form may be used against the registrant to establish paternity;
(4) Services to assist in establishing paternity are available to the registrant through the support-enforcement agency;
(5) The registrant should also register in another State if conception or birth of the child occurred in the other State;
(6) Information on registries of other States is available from the Office of Vital Statistics and the support-enforcement agency; and
(7) Procedures exist to rescind the registration of a claim of paternity.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter IV. Registry of Paternity › § 8-412. Furnishing of information; confidentiality.

§§ 8-412. Furnishing of information; confidentiality.
(a) The Office of Vital Statistics need not seek to locate the mother of a child who is the subject of a registration, but the Office of Vital Statistics shall send a copy of the notice of registration to a mother if she has provided an address.
(b) Information contained in the registry is confidential and may be released on request only to:
(1) A court or a person designated by the court;
(2) The mother of the child who is the subject of the registration;
(3) An agency authorized by other law to receive the information;
(4) A licensed child-placing agency;
(5) A support-enforcement agency;
(6) A party or the party's attorney of record in a proceeding under this chapter or in a proceeding for adoption of, or for termination of parental rights regarding, a child who is the subject of the registration; and
(7) The registry of paternity in another state.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter IV. Registry of Paternity › § 8-413. Rescission of registration.

§§ 8-413. Rescission of registration.
A registrant may rescind registration at any time by sending to the registry a rescission in a record signed or otherwise authenticated by the registrant, and witnessed or notarized.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter IV. Registry of Paternity › § 8-414. Untimely registration.

§§ 8-414. Untimely registration.
If a man registers more than 30 days after the birth of the child, the Office of Vital Statistics shall notify the registrant that on its face his registration was not filed timely.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter IV. Registry of Paternity › § 8-415. Fees for registry.

§§ 8-415. Fees for registry.
(a) A fee may not be charged for filing a registration or a rescission of registration.
(b) Except as otherwise provided in subsection (c) of this section, the Office of Vital Statistics may charge a reasonable fee for making a search of the registry and for furnishing a certificate.
(c) A support-enforcement agency and an agency of the State of Delaware are not required to pay a fee authorized by subsection (b) of this section.
74 Del. Laws, c. 136, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter IV. Registry of Paternity › § 8-421. Search of appropriate registry.

§§ 8-421. Search of appropriate registry.
(a) If a father-child relationship has not been established under this chapter for a child under 1 year of age, a petitioner for adoption of, or termination of parental rights regarding, the child must obtain a certificate of search of the registry of paternity.
(b) If a petitioner for adoption of, or termination of parental rights regarding, a child has reason to believe that the conception or birth of the child may have occurred in another state, the petitioner must also obtain a certificate of search from the registry of paternity, if any, in that state.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter IV. Registry of Paternity › § 8-422. Certificate of search registry.

§§ 8-422. Certificate of search registry.
(a) The Office of Vital Statistics shall furnish to the requester a certificate of search of the registry on request of an individual, court or agency identified in § 8-412 of this title.
(b) A certificate provided by the Office of Vital Statistics must be signed on behalf of the Office and State that:
(1) A search has been made of the registry; and
(2) A registration containing the information required to identify the registrant:
(i) Has been found and is attached to the certificate of search; or
(ii) Has not been found.
(c) A petitioner must file the certificate of search with the court before a proceeding for adoption of, or termination of parental rights regarding, a child may be concluded.
74 Del. Laws, c. 136, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter IV. Registry of Paternity › § 8-423. Admissibility of registered information.

§§ 8-423. Admissibility of registered information.
A certificate of search of the registry of paternity in this or another state is admissible in a proceeding for adoption of, or termination of parental rights regarding, a child and, if relevant, in other legal proceedings.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter V. Genetic Testing › § 8-501. Scope of article.

§§ 8-501. Scope of article.
This subchapter governs genetic testing of an individual to determine parentage, whether the individual:
(1) Voluntarily submits to testing; or
(2) Is tested pursuant to an order of the court or a support-enforcement agency.
74 Del. Laws, c. 136, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter V. Genetic Testing › § 8-502. Order for testing.

§§ 8-502. Order for testing.
(a) Except as otherwise provided in this subchapter and subchapter VII of this chapter, the court shall order the child and other designated individuals to submit to genetic testing if the request for testing is supported by the sworn statement of a party to the proceeding:
(1) Alleging paternity and stating facts establishing a reasonable probability of the requisite sexual contact between the individuals; or
(2) Denying paternity and stating facts establishing a possibility that sexual contact between the individuals, if any, did not result in the conception of the child.
(b) A support-enforcement agency may order genetic testing only if there is no presumed, acknowledged, or adjudicated father.
(c) If a request for genetic testing of a child is made before birth, the court or support-enforcement agency may not order in-utero testing.
(d) If 2 or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter V. Genetic Testing › § 8-503. Requirements for genetic testing.

§§ 8-503. Requirements for genetic testing.
(a) Genetic testing must be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory accredited by:
(1) The American Association of Blood Banks, or a successor to its functions;
(2) The American Society for Histocompatibility and Immunogenetics, or a successor to its functions; or
(3) An accrediting body designated by the federal Secretary of Health and Human Services.
(b) A specimen used in genetic testing may consist of one or more samples, or a combination or 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, the testing laboratory shall determine the databases from which to select frequencies for use in calculation of the probability of paternity. If there is disagreement as to the testing laboratory's choice, the following rules apply:
(1) The individual objecting may require the testing laboratory, within 30 days after receipt of the report of the test, to recalculate the probability of paternity using an ethnic or racial group different from that used by the laboratory.
(2) The individual objecting to the testing laboratory's initial choice shall:
(i) If the frequencies are not available to the testing laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or
(ii) Engage another testing laboratory to perform the calculations.
(3) The testing laboratory may use its own statistical estimate if there is a question regarding which ethnic or racial group is appropriate. If available, the testing laboratory shall calculate the frequencies using statistics for any other ethnic or racial group requested.
(d) If, after recalculation using a different ethnic or racial group, genetic testing does not rebuttably identify a man as the father of a child under § 8-505 of this title, an individual who has been tested may be required to submit to additional genetic testing.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter V. Genetic Testing › § 8-504. Report of genetic testing.

§§ 8-504. Report of genetic testing.
(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 made under the requirements of this subchapter is self-authenticating.
(b) Documentation from the testing laboratory of the following information is sufficient to establish a reliable chain of custody that allows the results of genetic testing to be admissible without testimony:
(1) The names and photographs of the individuals whose specimens have been taken;
(2) The names of the individuals who collected the specimens;
(3) The places and dates the specimens were collected;
(4) The names of the individuals who received the specimens in the testing laboratory; and
(5) The dates the specimens were received.
74 Del. Laws, c. 136, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter V. Genetic Testing › § 8-505. Genetic testing results; rebuttal.

§§ 8-505. Genetic testing results; rebuttal.
(a) Under this chapter, a man is rebuttably identified as the father of a child if the genetic testing complies with this subchapter and the results disclose that:
(1) The man has at least a 99 percent probability of paternity, using a prior probability of 0.50, as calculated by using the combined paternity index obtained in the testing; and
(2) A combined paternity index of at least 100 to 1.
(b) A man identified under subsection (a) of this section as the father of the child may rebut the genetic testing results only by other genetic testing satisfying the requirements of this subchapter which:
(1) Excludes the man as a genetic father of the child; or
(2) Identifies another man as the possible father of the child.
(c) Except as otherwise provided in § 8-510 of this title, if more than 1 man is identified by genetic testing as the possible father of the child, the court shall order them to submit to further genetic testing to identify the genetic father.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter V. Genetic Testing › § 8-506. Costs of genetic testing.

§§ 8-506. Costs of genetic testing.
(a) Subject to assessment of costs under subchapter VI of this chapter, the cost of initial genetic testing must be advanced:
(1) By a support-enforcement agency in a proceeding in which the support-enforcement agency is providing services;
(2) By the individual who made the request;
(3) As agreed by the parties; or
(4) As ordered by the court.
(b) In cases in which the cost is advanced by the support-enforcement agency, the agency may seek reimbursement from a man who is rebuttably identified as the father.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter V. Genetic Testing › § 8-507. Additional genetic testing.

§§ 8-507. Additional genetic testing.
The Court or the support-enforcement agency shall order additional genetic testing upon the request of a party who contests the result of the original testing. If the previous genetic testing identified a man as the father of the child under § 8-505 of this title, the court or agency may not order additional testing unless the party provides advance payment for the testing.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter V. Genetic Testing › § 8-508. Genetic testing when specimen is not available.

§§ 8-508. Genetic testing when specimen is not available.
(a) Subject to subsection (b) of this section, if a genetic-testing specimen is not available from a man who may be the father of a child, for good cause and under circumstances the court considers to be just, the court may order the following individuals to submit specimens for genetic testing:
(1) The parents of the man;
(2) Brothers and sisters of the man;
(3) Other children of the man and their mothers; and
(4) Other relatives of the man necessary to complete genetic testing.
(b) Issuance of an order under this section requires a finding that a need for genetic testing outweighs the legitimate interests of the individual sought to be tested.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;