Adjudicating parentage of child with alleged genetic parent [Effective Dec. 6, 2026].

§ 8-607. Adjudicating parentage of child with alleged genetic parent [Effective Dec. 6, 2026]. (a) A proceeding to determine whether an alleged genetic parent who is not a presumed parent is a parent of a child may be commenced: (1) Before the child becomes an adult; or (2) After the child becomes an adult, but only if the child initiates the proceeding. (b) This subsection applies in a proceeding described in subsection (a) of this title if the individual who gave birth to the child is the only other individual with a claim to parentage of the child. The court shall adjudicate an alleged genetic parent to be a parent of the child if the alleged genetic parent: (1) Is identified under § 8-506 of this title as a genetic parent of the child and the identification is not successfully challenged under § 8-506 of this title; (2) Admits parentage in a pleading, when making an appearance, or during a hearing, the court accepts the admission, and the court determines the alleged genetic parent to be a parent of the child; (3) Declines to submit to genetic testing ordered by the court or a child-support agency, in which case the court may adjudicate the alleged genetic parent to be a parent of the child even if the alleged genetic parent denies a genetic relationship with the child; (4) Is in default after service of process and the court determines the alleged genetic parent to be a parent of the child; or (5) Is neither identified nor excluded as a genetic parent by genetic testing and, based on other evidence, the court determines the alleged genetic parent to be a parent of the child. (c) Subject to other limitations in this Part, if in a proceeding involving an alleged genetic parent, at least 1 other individual in addition to the individual who gave birth to the child has a claim to parentage of the child, the court shall adjudicate parentage under § 8-613 of this title.74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 456, § 5; 85 Del. Laws, c. 276, §§ 58, 60, 73, 76;