Title 13, Domestic Relations

§ 8-818. Parentage under validated genetic carrier agreement [Effective Dec. 6, 2026]. (a) Unless a genetic carrier exercises the right under § 8-817 of this title to terminate a genetic carrier agreement, each intended parent is a parent of a child conceived by assisted reproduc…

§ 8-819. Rights and responsibilities of parents under a genetic carrier agreement [Effective Dec. 6, 2026]. (a) An individual who is considered to be the parent of a child under this chapter has all the rights, responsibilities, and obligations set forth in Chapter 7 of this titl…

§ 8-820. Effect of nonvalidated genetic carrier agreement [Effective Dec. 6, 2026]. (a) A genetic carrier agreement, whether or not in a record, that is not validated under § 8-816 of this title is enforceable only to the extent provided in this section and § 8-821 of this title.…

§ 8-821. Breach of genetic carrier agreement [Effective Dec. 6, 2026]. (a) Subject to § 8-816(b) of this title, if a genetic carrier agreement is breached by a genetic carrier or 1 or more intended parents, the nonbreaching party is entitled to the remedies available at law or in…

§ 8-822. Immunities [Effective Dec. 6, 2026]. Except as provided in this subchapter, an individual is not liable for nonnegligent actions taken under the requirements of this subchapter.79 Del. Laws, c. 88, § 8; 85 Del. Laws, c. 276, § 90;

§ 8-823. Severability [Effective Dec. 6, 2026]. If any provision of this subchapter or its application to any individual 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…

§ 8-824. Irrevocability [Effective Dec. 6, 2026]. An action to invalidate a gestational or genetic carrier agreement meeting the requirements of this subchapter or to challenge the rights of parentage established under this subchapter may not be commenced after 12 months from the…

§ 8-825. Application [Effective Dec. 6, 2026]. (a) The rule of construction that statutes in derogation of the common law are to be strictly construed does not apply to this subchapter. This subchapter must be broadly construed to accomplish its intended purposes. (b) Part 2 of t…

§ 8-901. Definitions [Effective Dec. 6, 2026]. In this subchapter: (1) “Identifying information” means: a. The full name of a donor; b. The date of birth of the donor; and c. The permanent and, if different, current address, telephone number, and electronic mail address of the do…

§ 8-902. Applicability [Effective Dec. 6, 2026]. This subchapter applies only to gametes collected on or after December 6, 2026.85 Del. Laws, c. 276, § 93;

§ 8-903. Collection of information [Effective Dec. 6, 2026]. (a) A gamete bank or fertility clinic licensed in this State shall collect from a donor the donor’s identifying information and medical history at the time of the donation. (b) A gamete bank or fertility clinic licensed…

§ 8-904. Disclosure of identifying information and medical history [Effective Dec. 6, 2026]. (a) On request of a child conceived by assisted reproduction who attains 18 years of age, a gamete bank or fertility clinic licensed in this State which collected the gametes used in the …

§ 8-905. Recordkeeping [Effective Dec. 6, 2026]. (a) A gamete bank or fertility clinic licensed in this State which collects gametes for use in assisted reproduction shall maintain identifying information and medical history about each gamete donor. The gamete bank or fertility c…