Proceeding before birth [Effective Dec. 6, 2026].

§ 8-617. Proceeding before birth [Effective Dec. 6, 2026]. (a) Except as provided in Part 3 of subchapter VIII of this chapter and subject to subsections (b) and (c) of this section, a proceeding to adjudicate parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child. (b) If a child is conceived through assisted reproduction, an order or judgment may be entered before the birth of the resulting child to establish a parent-child relationship, if enforcement of the order or judgment is stayed until the birth of the child. The order or judgment must be sought by filing a petition containing all of the following: (1) The names and addresses of the intended parents; (2) The name and address of the gestational carrier, if any, and the gestational carrier’s spouse, if any; and (3) An affidavit that does the following: a. Acknowledges parentage verified by the parents; and b. In cases involving a gestational carrier: 1. Acknowledges nonparentage verified by the gestational carrier and the gestational carrier’s spouse, if any; and 2. Attests to the gestational carrier agreement signed by all the parties in accordance with § 8-811 of this title. (c) Except in circumstances under subsection (b) of this section, the following actions may be taken before the birth of a child: (1) Service of process; (2) Discovery; and (3) Except as prohibited by § 8-503 of this title, collection of specimens for genetic testing.74 Del. Laws, c. 136, § 1; 79 Del. Laws, c. 88, § 4; 85 Del. Laws, c. 276, § 67;