reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter V. Genetic Testing › § 8-510. Identical brothers.

§§ 8-510. Identical brothers.
(a) The court may order genetic testing of a brother of a man identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child.
(b) If each brother satisfies the requirements as the identified father of the child under § 8-505 of this title without consideration of another identical brother being identified as the father of the child, the court may rely on nongenetic evidence to adjudicate which brother is the father of the child.
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 VI. Proceeding to Adjudicate Parentage › § 8-601. Proceeding authorized.

§§ 8-601. Proceeding authorized.
A civil proceeding may be maintained to adjudicate the parentage of a child. The proceeding is governed by the Family Court Rules of Civil Procedure.
74 Del. Laws, c. 136, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VI. Proceeding to Adjudicate Parentage › § 8-602. Standing to maintain proceeding.

§§ 8-602. Standing to maintain proceeding.
Subject to subchapter III of this chapter and §§ 8-607 and 8-609 of this title, a proceeding to adjudicate parentage may be maintained by:
(1) The child;
(2) The mother of the child;
(3) A man whose paternity of the child is to be adjudicated;
(4) The support-enforcement agency;
(5) An authorized adoption agency or licensed child-placing agency; or
(6) A representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor.
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 VI. Proceeding to Adjudicate Parentage › § 8-603. Parties to proceeding.

§§ 8-603. Parties to proceeding.
The following individuals must be joined as parties in a proceeding to adjudicate parentage:
(1) The mother of the child; and
(2) A man whose paternity of the child is to be adjudicated.
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 VI. Proceeding to Adjudicate Parentage › § 8-604. Personal jurisdiction.

§§ 8-604. Personal jurisdiction.
(a) An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual.
(b) A court of this State having 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 § 610 of this title are fulfilled.
(c) Lack of jurisdiction over one individual does not preclude the court from making an adjudication of parentage binding on another individual over whom the court has personal jurisdiction.
74 Del. Laws, c. 136, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VI. Proceeding to Adjudicate Parentage › § 8-605. Venue.

§§ 8-605. Venue.
Venue for a proceeding to adjudicate parentage is in the county of this State in which:
(1) The child resides or is found;
(2) The respondent resides or is found if the child does not reside in this State; or
(3) A proceeding for probate or administration of the presumed or alleged father's estate has been commenced.
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 VI. Proceeding to Adjudicate Parentage › § 8-606. Statute of limitations.

§§ 8-606. Statute of limitations.
(a) Subject to the provisions of subsection (b) of this section and §§ 8-607 and 8-609 of this title, a proceeding under this subchapter may be commenced at any time until the child reaches the age of majority, except as provided in §§ 501(d) and 503 of this title.
(b) A proceeding to adjudicate the parentage of a child having no presumed, acknowledged, adjudicated or adoptive father may be commenced at any time, even after:
(1) The child becomes an adult but only if the child initiates the proceeding; or
(2) An earlier proceeding to adjudicate paternity has been dismissed based upon the application of a statute of limitation then in effect.
(c) In a proceeding under subsection (b) of this section, the court may deny a motion for genetic testing based on principles of estoppel as established in § 8-608 of this title.
(d) This section shall not extend the time within which a right of inheritance or a right to succession may be asserted beyond the time provided by law relating to distribution and closing of decedents' estates, nor to the determination of heirship, or otherwise.
(e) Notwithstanding the 2-year period of limitation recited in this chapter or other affirmative defense, an action for parentage may proceed despite a prior adjudication, acknowledgement or presumption of parentage when shown by clear and convincing evidence to be in the best interest of the particular child, and where the prior adjudication, acknowledgement or presumption of parentage was based on fraud or duress or material mistake of fact.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 456, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VI. Proceeding to Adjudicate Parentage › § 8-607. Limitation: Child having presumed father.

§§ 8-607. Limitation:
Child having presumed father.
(a) Except as otherwise provided in subsection (b) of this section, a proceeding brought by a presumed father, the mother or another individual to adjudicate the parentage of a child having a presumed father must be commenced not later than 2 years after the birth of the child.
(b) A proceeding seeking to disprove the father-child relationship between a child and the child's presumed father may be maintained at any time if the Court determines that:
(1) a. The presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception; and
b. The presumed father never openly held out the child as his own; or
(2) The presumed father did not commence an action within the limitation period in reliance on the mother's failure to disclose the possibility of any other alleged fathers.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 456, §§  2, 7;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VI. Proceeding to Adjudicate Parentage › § 8-608. Authority to deny motion for genetic testing.

§§ 8-608. Authority to deny motion for genetic testing.
(a) In a proceeding to adjudicate the parentage of a child having a presumed father or to challenge the paternity of a child having an acknowledged father, the court may deny a motion seeking an order for genetic testing of the mother, the child and the presumed or acknowledged father if the court determines that:
(1) The conduct of the mother or the presumed or acknowledged father estops that party from denying parentage; and
(2) It would be inequitable to disprove the father-child relationship between the child and the presumed or acknowledged father.
(b) In determining whether to deny or to grant a motion seeking an order for genetic testing under this section, the court shall consider the best interest of the child, including the following factors:
(1) The length of time between the proceeding to adjudicate parentage and the time that the presumed or acknowledged father was placed on notice that he might not be the genetic father;
(2) The length of time during which the presumed or acknowledged father has assumed the role of father of the child;
(3) The facts surrounding the presumed or acknowledged father's discovery of his possible nonpaternity;
(4) The nature of the relationship between the child and the presumed or acknowledged father;
(5) The age of the child;
(6) The harm that may result to the child if presumed or acknowledged paternity is successfully disproved;
(7) The nature of the relationship between the child and any alleged father;
(8) The extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support obligation in favor of the child;
(9) Other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed or acknowledged father or the chance of other harm to the child; and
(10) Whether the child has a medical condition for which an accurate family history is necessary.
(c) In a proceeding involving the application of this section, a minor or incapacitated child must be represented by a guardian ad litem.
(d) Denial of a motion seeking an order for genetic testing must be based on clear and convincing evidence.
(e) If the court denies a motion seeking an order for genetic testing, it shall issue an order adjudicating the presumed or acknowledged father to be the father of the child.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 456, §§  3, 6;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VI. Proceeding to Adjudicate Parentage › § 8-609. Limitation: Child having acknowledged or adjudicated father.

§§ 8-609. Limitation:
Child having acknowledged or adjudicated father.
(a) If a child has an acknowledged father, a signatory to the acknowledgment of paternity or denial of paternity may commence a proceeding seeking to rescind the acknowledgment or denial or challenge the paternity of the child only within the time allowed under §§ 8-307 or 8-308 of this title.
(b) If a child has an acknowledged father or an adjudicated father, an individual who is neither a signatory to the acknowledgment of paternity nor a party to the adjudication and who seeks an adjudication of paternity of the child must commence a proceeding not later than 2 years after the effective date of the acknowledgment or adjudication.
(c) A proceeding under this section is subject to the application of the principles of estoppel established in § 8-608 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 VI. Proceeding to Adjudicate Parentage › § 8-610. Proceedings in which parentage may be determined.

§§ 8-610. Proceedings in which parentage may be determined.
(a) Except as otherwise provided in subsection (c) of this section, a determination of parentage may be made in a proceeding for adoption, termination of parental rights, child custody or visitation, child support, divorce, annulment, probate or administration of an estate, or other proceeding in which the parentage or nonparentage of the child is an element of the claim for relief or a defense, and such a determination is binding as provided in § 8-637 of this title. In a proceeding to establish child support, the court is deemed to have made an adjudication of parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of § 610 of this title and the final order provides for the support of the child by the man.
(b) Except as otherwise provided in subsection (a) of this section, a proceeding to adjudicate parentage may be joined with a proceeding for adoption, termination of parental rights, child custody or visitation, child support, divorce, annulment, probate or administration of an estate, or other appropriate proceeding.
(c) A respondent may not join a proceeding described in subsection (a) of this section with a proceeding to adjudicate parentage brought under Chapter 6 of this title.
74 Del. Laws, c. 136, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VI. Proceeding to Adjudicate Parentage › § 8-611. Proceeding before birth.

§§ 8-611. Proceeding before birth.
(a) A proceeding to determine parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child.
(b) But if a child was conceived through assisted reproduction, an order or judgment may be entered before the birth of the resulting child to establish a parent child relationship, as long as enforcement of the order or judgment shall be stayed until the birth of the child. Such an order shall be sought by filing a petition setting forth the name(s) and address(es) of the intended parent(s), the gestational carrier, if there is one, and her spouse, if there is one, and appending affidavits which:
(1) Attest that the pregnancy resulted through means other than sexual intercourse verified by the participating health care provider;
(2) Acknowledge parentage verified by the parent or parents; and
(3) In cases involving a gestational carrier only,
(i) Acknowledge nonparentage verified by the gestational carrier and her spouse, if there is one; and
(ii) Attest to the gestational carrier agreement signed by all the parties in accordance with § 8-807 of this title.
(c) Except in circumstances outlined in subsection (b) of this section, the following actions may be taken before the birth of any child:
(1) Service of process;
(2) Discovery; and
(3) Except as prohibited by § 8-502 of this title, collection of specimens for genetic testing.
74 Del. Laws, c. 136, §  1;  79 Del. Laws, c. 88, §  4;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VI. Proceeding to Adjudicate Parentage › § 8-612. Child as party; representation.

§§ 8-612. Child as party; representation.
(a) A minor child is a permissible party, but is not a necessary party to a proceeding under this subchapter.
(b) The court shall appoint a guardian ad litem to represent a minor or incapacitated child if the child is a party or the court finds that the interests of the child are not adequately represented.
(c) Where all necessary parties to a parentage action agree to genetic testing despite the availability of affirmative defenses, they shall be presumed to be adequately representing the interests of the child subject to the court's consideration of the factors recited in § 8-608(b) of this title.
74 Del. Laws, c. 136, §  1;  77 Del. Laws, c. 456, §  4;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VI. Proceeding to Adjudicate Parentage › § 8-621. Admissibility of results of genetic testing; expenses.

§§ 8-621. Admissibility of results of genetic testing; expenses.
(a) Except as otherwise provided in subsection (c) of this section, a record of a genetic testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects to its admission within 14 days after its receipt by the objecting party and cites specific grounds for exclusion. The admissibility of the report is not affected by whether the testing was performed:
(1) Voluntarily or pursuant to an order of the court or a support-enforcement agency; or
(2) Before or after the commencement of the proceeding.
(b) A party objecting to the results of genetic testing may call 1 or more genetic-testing experts to testify in person or by telephone, videoconference, deposition or another method approved by the court. Unless otherwise ordered by the court, the party offering the testimony bears the expense for the expert testifying.
(c) If a child has a presumed, acknowledged or adjudicated father, the results of genetic testing are inadmissible to adjudicate parentage unless performed:
(1) With the consent of both the mother and the presumed, acknowledged or adjudicated father; or
(2) Pursuant to an order of the court under § 8-502 of this title.
(d) Copies of bills for genetic testing and for prenatal and postnatal health care for the mother and child which are furnished to the adverse party not less than 10 days before the date of a hearing are admissible to establish:
(1) The amount of the charges billed; and
(2) That the charges were reasonable, necessary and customary.
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 VI. Proceeding to Adjudicate Parentage › § 8-622. Consequences of declining genetic testing.

§§ 8-622. Consequences of declining genetic testing.
(a) An order for genetic testing is enforceable by contempt.
(b) If an individual whose paternity is being determined declines to submit to genetic testing ordered by the court, the court for that reason may adjudicate parentage contrary to the position of that individual.
(c) Genetic testing of the mother of a child is not a condition precedent to testing the child and a man whose paternity is being determined. If the mother is unavailable or declines to submit to genetic testing, the court may order the testing of the child and every man whose paternity is being adjudicated.
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 VI. Proceeding to Adjudicate Parentage › § 8-623. Admission of paternity authorized.

§§ 8-623. Admission of paternity authorized.
(a) A respondent in a proceeding to adjudicate parentage or in a proceeding for child support or in any other proceeding in which the parentage of the child is an element of the claim for relief or a defense may admit to the paternity of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing.
(b) If the court finds that the admission of paternity satisfies the requirements of this section and finds that there is no reason to question the admission, the court shall issue an order adjudicating the child to be the child of the man admitting 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 VI. Proceeding to Adjudicate Parentage › § 8-624. Temporary order.

§§ 8-624. Temporary order.
(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.
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 VI. Proceeding to Adjudicate Parentage › § 8-631. Rules for adjudication of paternity.

§§ 8-631. Rules for adjudication of paternity.
The court shall apply the following rules to adjudicate the paternity of a child:
(1) The paternity of a child having a presumed, acknowledged or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child.
(2) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man identified as the father of a child under § 8-505 of this title must be adjudicated the father of the child.
(3) If the court finds that genetic testing under § 8-505 of this title neither identifies nor excludes a man as the father of a child, the court may not dismiss the proceeding. In that event, the results of genetic testing, and other evidence, are admissible to adjudicate the issue of paternity.
(4) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man excluded as the father of a child by genetic testing must be adjudicated not to be the father of the child.
(5) Paternity may not be established with regard to an alleged father without the assistance of genetic testing unless the mother of the child swears or affirms on the record or by affidavit, under penalty of perjury, that she did not have sexual intercourse with any other man at or about the time the child was conceived.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 456, §  5;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VI. Proceeding to Adjudicate Parentage › § 8-632. Jury prohibited.

§§ 8-632. Jury prohibited.
The court, without a jury, shall adjudicate paternity of a child.
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 VI. Proceeding to Adjudicate Parentage › § 8-633. Inspection of records.

§§ 8-633. Inspection of records.
A final order in a proceeding under this subchapter is available for public inspection.
74 Del. Laws, c. 136, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VI. Proceeding to Adjudicate Parentage › § 8-634. Order on default.

§§ 8-634. Order on default.
The court shall issue an order adjudicating the paternity of a man who:
(1) After service of process, is in default; and
(2) Is found by the court to be the father of a child.
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 VI. Proceeding to Adjudicate Parentage › § 8-635. Dismissal for want of prosecution.

§§ 8-635. Dismissal for want of prosecution.
The court may issue an order dismissing a proceeding commenced under this subchapter 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.
74 Del. Laws, c. 136, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VI. Proceeding to Adjudicate Parentage › § 8-636. Order adjudicating parentage.

§§ 8-636. Order adjudicating parentage.
(a) The court shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child.
(b) An order adjudicating parentage must identify the child by name and date of birth except an order pursuant to § 8-611(a) of this title and health care providers shall report the person(s) determined by Family Court to be the parent(s) to the Office of Vital Statistics as required by § 3121 of Title 16, Registration of Births.
(c) Except as otherwise provided in subsection (d) 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. The court may award attorney's fees, which may be paid directly to the attorney, who may enforce the order in the attorney's own name.
(d) The court may not assess fees, costs or expenses against the support-enforcement agency of this State or another state, except as provided by other law.
(e) On request of a party and for good cause shown, the court may order that the name of the child be changed.
(f) If the order of the court is at variance with the child's birth certificate, the court shall order the Office of Vital Statistics to issue an amended birth registration.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 88, §  5;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VI. Proceeding to Adjudicate Parentage › § 8-637. Binding effect of determination of parentage.

§§ 8-637. Binding effect of determination of parentage.
(a) Except as otherwise provided in subsection (b) of this section, a determination of parentage is binding on:
(1) All signatories to an acknowledgment or denial of paternity as provided in subchapter III of this chapter;
(2) All parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of § 6-201 of this title;
(3) The child.
(b) In a proceeding to dissolve a marriage, the court is deemed to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of § 6-201 of this title and the final order:
(1) Expressly identifies a child as a “child of the marriage,” “issue of the marriage,” or similar words indicating that the husband is the father of the child; or
(2) Provides for support of the child by the husband unless paternity is specifically disclaimed in the order.
(c) Except as otherwise provided in subsection (b) of this section, a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding.
(d) A party to an adjudication of paternity may challenge the adjudication only under law of this State relating to appeal, vacation of judgments or other judicial review.
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 VI. Proceeding to Adjudicate Parentage › § 8-638. No right to reimbursement.

§§ 8-638. No right to reimbursement.
If the court determines that an individual is not the parent of a child, the individual shall have no right to reimbursement for any child support or medical expenses paid prior to 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.
74 Del. Laws, c. 136, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VI. Proceeding to Adjudicate Parentage › § 8-639. Full faith and credit.

§§ 8-639. Full faith and credit.
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.
74 Del. Laws, c. 136, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VII. Child of Assisted Reproduction › § 8-701. Scope of article.

§§ 8-701. Scope of article.
This subchapter does not apply to the birth of a child conceived by means of sexual intercourse.
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 VII. Child of Assisted Reproduction › § 8-702. Parental status of donor.

§§ 8-702. Parental status of donor.
A donor is not a parent of a child conceived by means of assisted reproduction.
74 Del. Laws, c. 136, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VII. Child of Assisted Reproduction › § 8-703. Paternity of a child of assisted reproduction.

§§ 8-703. Paternity of a child of assisted reproduction.
(a) A man who provides sperm for, or consents to, assisted reproduction by a woman as provided in § 8-704 of this title with intent to be the parent of her child, is a parent of the resulting child;
(b) The child shall be considered the child of the intended parent or parents immediately upon the birth of the child;
(c) Parental rights shall vest in the intended parent or parents immediately upon the birth of the child;
(d) Custody of the child shall vest with the intended parent or parents immediately upon the birth of the child; and
(e) Neither the gestational carrier, if any, nor her spouse, shall be the parent of the child.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 88, §  6;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VII. Child of Assisted Reproduction › § 8-704. Consent to assisted reproduction.

§§ 8-704. Consent to assisted reproduction.
(a) Consent by a woman and an intended parent of a child conceived via assisted reproduction must be in a record signed by the woman and the intended parent. This requirement does not apply to a donor.
(b) Failure to sign a consent required by subsection (a) of this section, before or after birth of the child, does not preclude a finding of paternity pursuant to § 8-201 of this title.
74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 88, §  7;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VII. Child of Assisted Reproduction › § 8-705. Limitation on husband's dispute of paternity.

§§ 8-705. Limitation on husband's dispute of paternity.
(a) Except as otherwise provided in subsection (b) of this section, the husband of a wife who gives birth to a child by means of assisted reproduction may not challenge his paternity of the child unless:
(1) Within 2 years after learning of the birth of the child he commences a proceeding to adjudicate his paternity; and
(2) The court finds that he did not consent to the assisted reproduction, before or after birth of the child.
(b) A proceeding to adjudicate paternity may be maintained at any time if the court determines that:
(1) The husband did not provide sperm for, or before or after the birth of the child consent to assisted reproduction by his wife;
(2) The husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and
(3) The husband never openly held out the child as his own.
(c) The limitation provided in this section applies to a marriage declared invalid after assisted reproduction.
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 VII. Child of Assisted Reproduction › § 8-706. Effect of dissolution of marriage or withdrawal of consent.

§§ 8-706. Effect of dissolution of marriage or withdrawal of consent.
(a) If a marriage is dissolved before placement of eggs, sperm or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a record that if assisted reproduction were to occur after a divorce, the former spouse would be a parent of the child.
(b) The consent of a woman or a man to assisted reproduction may be withdrawn by that individual in a record at any time before placement of eggs, sperm or embryos. An individual who withdraws consent under this section is not a parent of the resulting child.
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 VII. Child of Assisted Reproduction › § 8-707. Parental status of deceased individual.

§§ 8-707. Parental status of deceased individual.
If an individual who consented in a record to be a parent by assisted reproduction dies before placement of eggs, sperm, or embryos, the deceased individual is not a parent of the resulting child unless the deceased individual consented in a record that if assisted reproduction were to occur after death, the deceased individual would be a parent of the child.
74 Del. Laws, c. 136, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VIII. Gestational Carrier Agreement Act › § 8-802. Scope and purpose.

§§ 8-802. Scope and purpose.
(a) The purpose of this subchapter is to establish consistent standards and procedural safeguards for the protection of all parties to a gestational 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.
79 Del. Laws, c. 88, §  8;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VIII. Gestational Carrier Agreement Act › § 8-803. Bases for jurisdiction over nonresident.

§§ 8-803. Bases for jurisdiction over nonresident.
In a proceeding to enforce a gestational carrier agreement, a tribunal of this State may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:
(a) The individual is personally served with notice within this State;
(b) 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;
(c) The individual resided in this State at the time the individual executed the gestational carrier agreement or consented to the embryo transfer;
(d) The individual executed a gestational carrier agreement with a person or persons who resided in this State at the time the gestational carrier agreement was executed and voluntarily submitted to the jurisdiction of this State in the gestational carrier agreement;
(e) The nonresident gestational carrier had, or is expected to have an embryo transfer performed in this State pursuant to a gestational carrier agreement;
(f) The nonresident intended parent(s) consented to a gestational carrier having an embryo transfer in this State pursuant to a gestational carrier agreement;
(g) The child was, or is expected to be born in this State as demonstrated by a provision in the gestational carrier agreement;
(h) The child resides in this State as a result of the acts or directives of the individual; or
(i) There is any other basis consistent with the Constitutions of this State and the United States for the exercise of personal jurisdiction.
79 Del. Laws, c. 88, §  8;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VIII. Gestational Carrier Agreement Act › § 8-804. Parental status of gestational carrier.

§§ 8-804. Parental status of gestational carrier.
A gestational carrier is not a parent of a child born as a result of a gestational carrier arrangement.
79 Del. Laws, c. 88, §  8;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VIII. Gestational Carrier Agreement Act › § 8-805. Rights and responsibilities of parents.

§§ 8-805. Rights and responsibilities of parents.
(a) Any person who is considered to be the parent of a child pursuant to this chapter shall have all the rights, responsibilities and obligations set forth in Chapter 7 of this title.
(b) The breach of the gestational carrier agreement by the intended parent(s) shall not relieve such intended parent(s) of the support obligations imposed by this chapter.
(c) In the event of 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 or both intended parents, the intended parents will be 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.
79 Del. Laws, c. 88, §  8;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VIII. Gestational Carrier Agreement Act › § 8-806. Eligibility.

§§ 8-806. Eligibility.
(a) Prior to executing an agreement to act as a gestational carrier, a woman must meet the following requirements:
(1) She is at least 21 years of age;
(2) She has given birth to at least 1 child;
(3) She has completed a medical evaluation;
(4) She has completed a mental health evaluation;
(5) She has been represented by independent legal counsel regarding the terms of the gestational carrier agreement and been advised of the potential legal consequences of the gestational carrier arrangement which legal expense shall be paid for by the intended parent(s) if requested; and
(6) She has or obtains prior to the embryo transfer a health insurance policy that covers major medical treatments and hospitalization and the health insurance policy has a term that extends throughout the duration of the expected pregnancy and for 8 weeks after the birth of the child; provided, however, that the policy may be procured by the intended parent(s) on behalf of the gestational carrier pursuant to the gestational carrier agreement.
(b) A person or persons intending to become a parent or parents, whether genetically related to the child or not, must meet the following requirements at the time the gestational carrier agreement is executed:
(1) The person or persons have completed a mental health evaluation; and
(2) The person or persons have independent legal representation regarding the terms of the gestational carrier agreement and have been advised of the potential legal consequences of the gestational carrier arrangement.
79 Del. Laws, c. 88, §  8;  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 VIII. Gestational Carrier Agreement Act › § 8-808. Immunities.

§§ 8-808. Immunities.
Except as provided in this subchapter, no person shall be liable for non-negligent actions taken pursuant to the requirements of this subchapter.
79 Del. Laws, c. 88, §  8;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VIII. Gestational Carrier Agreement Act › § 8-809. Effect of noncompliance.

§§ 8-809. Effect of noncompliance.
Except as otherwise provided in this chapter, in the event of noncompliance with the requirements of this subchapter, a court of competent jurisdiction shall determine the respective rights and obligations of the parties.
79 Del. Laws, c. 88, §  8;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VIII. Gestational Carrier Agreement Act › § 8-810. Remedies.

§§ 8-810. Remedies.
(a) Except as expressly provided in the gestational carrier agreement and subsection (c) of this section, the intended parent(s) shall be 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 shall be 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 her to be impregnated.
79 Del. Laws, c. 88, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VIII. Gestational Carrier Agreement Act › § 8-811. Severability.

§§ 8-811. Severability.
If any provision of this subchapter or its application to any person 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.
79 Del. Laws, c. 88, §  8;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VIII. Gestational Carrier Agreement Act › § 8-812. Irrevocability.

§§ 8-812. Irrevocability.
No action to invalidate a gestational carrier agreement meeting the requirements of § 8-807(b) of this title or to challenge the rights of parentage established pursuant to this subchapter shall commence after 12 months from the date of birth of the child subject to § 8-606(e) of this title.
79 Del. Laws, c. 88, §  8;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter VIII. Gestational Carrier Agreement Act › § 8-813. Application.

§§ 8-813. Application.
(a) The rule of construction that statutes in derogation of the common law are to be strictly construed shall have no application to this subchapter. This subchapter shall be broadly construed to accomplish its intended purposes.
(b) The provisions of this subchapter shall apply only to agreements executed after the July 3, 2013, except proceedings for pre-birth determination of parentage pursuant to § 8-611(a) of this title which may be commenced on or after July 3, 2013.
79 Del. Laws, c. 88, §  8;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter IX. Miscellaneous Provisions › § 8-901. Uniformity of application and construction.

§§ 8-901. Uniformity of application and construction.
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.
74 Del. Laws, c. 136, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter IX. Miscellaneous Provisions › § 8-902. Severability clause.

§§ 8-902. Severability clause.
If any provision of this chapter or its application to an individual or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
74 Del. Laws, c. 136, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter IX. Miscellaneous Provisions › § 8-903. Effective date; effect on existing parentage.

§§ 8-903. Effective date; effect on existing parentage.
This chapter takes effect on January 1, 2004. Any determination of parentage or nonparentage made under the law of this State prior to January 1, 2004, remains in force and effect.
74 Del. Laws, c. 136, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 8. UNIFORM PARENTAGE ACT › Subchapter IX. Miscellaneous Provisions › § 8-904. Transitional provision.

§§ 8-904. Transitional provision.
A proceeding to adjudicate parentage which was commenced before January 1, 2004, is governed by the law in effect at the time the proceeding was commenced.
74 Del. Laws, c. 136, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 902. Jurisdiction and venue; removal of petitioner from county.

§ 902. Jurisdiction and venue; removal of petitioner from county.
(a) Family Court shall have jurisdiction of proceedings under this chapter.
(b) A petition for adoption shall be filed either in the Family Court of the county in which the licensed or authorized agency placing the child is located, or the Family Court of the county in which the petitioner resides.
(c) In any case in which, before the proposed adoption has been finally approved or disapproved, the petitioner or petitioners move into a county other than the county in which the original petition was filed, or into another jurisdiction, the Family Court of the county in which the petition was originally filed may continue to exercise jurisdiction over the proceeding until a final decision has been rendered on the petition.
(d) Whenever the Family Court shall assume jurisdiction for the purposes of terminating parental rights over a child, it shall be deemed to have retained jurisdiction for the purposes of proceeding under this chapter for the adoption.
Code 1935, §  3551;  41 Del. Laws, c. 187, §  1;  48 Del. Laws, c. 134, §  2;  13 Del. C. 1953, §  902;  57 Del. Laws, c. 363, §  2;  57 Del. Laws, c. 402, §  2;  60 Del. Laws, c. 241, §  2;  62 Del. Laws, c. 402, §  1;  68 Del. Laws, c. 259, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 903. Persons eligible to petition to adopt.

§ 903. Persons eligible to petition to adopt.
To be eligible to petition the Family Court for an order authorizing the petitioner or petitioners to adopt a child not such petitioner's or petitioners', the petitioner or petitioners must satisfy the three following requirements:
(1) Either be:
a. A resident of Delaware at the time of filing the petition; or
b. A person with whom a child has been placed for adoption under § 904 of this title; and
(2) Either be:
a. An unmarried person petitioning individually;
b. A divorced or legally separated person petitioning individually;
c. A married couple petitioning jointly, provided they are not legally separated or living apart from each other; or
d. A nonmarried couple petitioning jointly, provided that they are cohabiting, as that term is defined in §  1512(g) of this title; and
(3) Be over the age of 21 at the time of filing the petition
Nothing herein shall affect the right of any person to adopt a person who has reached age 18 as provided in subchapter II of this chapter.
Code 1935, §  3551;  41 Del. Laws, c. 187, §  1;  48 Del. Laws, c. 134, §  2;  13 Del. C. 1953, §  903;  49 Del. Laws, c. 385;  57 Del. Laws, c. 402, §  2;  59 Del. Laws, c. 466, §  3;  62 Del. Laws, c. 402, §  1;  68 Del. Laws, c. 259, §  1;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 171, § 1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 9. ADOPTION › Subchapter I. Minors › § 904. Placement and supervision for adoption.

§ 904. Placement and supervision for adoption.
(a) No petition for adoption shall be presented unless prior to the filing of the petition the child sought to be adopted has been placed for adoption by the Department, a licensed agency or an authorized agency, and the placement has been supervised by the Department or a licensed agency, but no such placement or supervision shall be necessary in the case of:
(1) A child sought to be adopted by a stepparent;
(2) A child sought to be adopted by a blood relative, except as provided in § 926 of this title;
(3) A child sought to be adopted by a guardian or permanent guardian so long as guardianship or permanent guardianship has been granted for at least 6 months prior to filing the adoption petition.
(b) No placement for an identified adoption in which an intermediary has been involved shall be approved or permitted by the Department or a licensed agency.
(c) No child shall be placed for adoption in this State pursuant to § 926 of this title unless the placement is approved and supervised by the Department or a licensed agency.
(d) When the prospective adoptive parents are legal residents of the State, but live elsewhere, the approval and supervision required by this section shall be provided by an authorized agency located in close proximity to the family, as will the social report required by § 912 of this title.
(e) An adoptive placement shall not be made until a preplacement evaluation that complies with the Delaware Requirements for Child Placing Agencies has been completed by the Department or licensed agency.
Code 1935, §  3551A;  48 Del. Laws, c. 134, §  3;  13 Del. C. 1953, §  904;  57 Del. Laws, c. 363, §  3;  64 Del. Laws, c. 108, §  6;  68 Del. Laws, c. 259, §  1;  73 Del. Laws, c. 171, §  1;  77 Del. Laws, c. 32, §  1;