Title 13, Domestic Relations

§ 8-511. Identical siblings [Effective Dec. 6, 2026]. (a) If the court finds there is reason to believe that an alleged genetic parent has an identical sibling and evidence that the sibling may be a genetic parent of the child, the court may order genetic testing of the sibling. …

§ 8-512. Confidentiality of genetic testing; violation is class A misdemeanor [Effective Dec. 6, 2026]. (a) Release of a report of genetic testing for parentage is controlled by law of this State other than this chapter. (b) An individual may not intentionally release an identifi…

§ 8-601. Proceeding authorized [Effective Dec. 6, 2026]. A civil proceeding may be commenced to adjudicate the parentage of a child. Except as otherwise provided in this chapter, the proceeding is governed by the Family Court Rules of Civil Procedure.74 Del. Laws, c. 136, § 1; 85…

§ 8-602. Standing to maintain proceeding [Effective Dec. 6, 2026]. Except as otherwise provided in subchapter III of this chapter and §§ 8-608 through 8-611 of this title, a proceeding to adjudicate parentage may be maintained by: (1) The child; (2) The individual who gave birth …

§ 8-603. Notice of proceeding [Effective Dec. 6, 2026]. (a) The petitioner shall give notice of a proceeding to adjudicate parentage to the following individuals: (1) The individual who gave birth to the child, unless a court has adjudicated that the individual is not a parent; (…

§ 8-604. Personal jurisdiction [Effective Dec. 6, 2026]. (a) The court may adjudicate an individual’s parentage of a child only if the court has personal jurisdiction over the individual. (b) A court of this State with jurisdiction to adjudicate parentage may exercise personal ju…

§ 8-605. Venue [Effective Dec. 6, 2026]. If the court has personal jurisdiction under § 8-604 of this title, venue for a proceeding to adjudicate parentage is proper in any county of this State.74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1; 85 Del. Laws, c. 276, § 57;

§ 8-606. Admissibility of results of genetic testing [Effective Dec. 6, 2026]. (a) Except as otherwise provided in § 8-502(b) of this title, the court shall admit a report of genetic testing ordered by the court under § 8-503 of this title as evidence of the truth of the facts as…

§ 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…

§ 8-608. Adjudicating parentage of child with presumed parent [Effective Dec. 6, 2026]. (a) A proceeding to determine whether 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…

§ 8-609. Adjudicating claim of de facto parentage of child [Effective Dec. 6, 2026]. (a) A proceeding to establish parentage of a child under this section may be commenced only by an individual who: (1) Is alive when the proceeding is commenced; and (2) Claims to be a de facto pa…

§ 8-610. Adjudicating parentage of child with acknowledged parent [Effective Dec. 6, 2026]. (a) If a child has an acknowledged parent, a proceeding to challenge the acknowledgment of parentage or a denial of parentage, brought by a signatory to the acknowledgment or denial, is go…

§ 8-611. Adjudicating parentage of child with adjudicated parent [Effective Dec. 6, 2026]. (a) If a child has an adjudicated parent, a proceeding to challenge the adjudication, brought by an individual who was a party to the adjudication or received notice under § 8-603 of this t…

§ 8-612. Adjudicating parentage of child of assisted reproduction [Effective Dec. 6, 2026]. (a) An individual who is a parent under subchapter VII of this chapter or the individual who gave birth to the child may bring a proceeding to adjudicate parentage. If the court determines…

§ 8-613. Adjudicating competing claims of parentage [Effective Dec. 6, 2026]. (a) In a proceeding to adjudicate competing claims of, or challenges under § 8-608(c) of this title, § 8-610 of this title, or § 8-611 of this title to, parentage of a child by 2 or more individuals, th…

§ 8-615. Temporary order [Effective Dec. 6, 2026]. (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) Petitioni…

§ 8-616. Combining proceedings [Effective Dec. 6, 2026]. Unless the court would not otherwise have jurisdiction over the proceeding, the court may combine a proceeding to adjudicate parentage under this chapter with a proceeding for adoption, termination of parental rights, child…

§ 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 …

§ 8-618. Child as party; representation [Effective Dec. 6, 2026]. (a) A minor child is a permissive party but not a necessary party to a proceeding under this subchapter. (b) The court shall appoint a guardian ad litem to represent a child in a proceeding under this subchapter, i…

§ 8-619. Court to adjudicate parentage [Effective Dec. 6, 2026]. The court shall adjudicate parentage of a child without a jury.74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1; 85 Del. Laws, c. 276, §§ 67, 74;

§ 8-620. Dismissal for want of prosecution [Effective Dec. 6, 2026]. The court may dismiss a proceeding under this chapter 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…

§ 8-621. Order adjudicating parentage [Effective Dec. 6, 2026]. (a) An order adjudicating parentage must identify the child in a manner provided by law of this State other than this chapter. (b) Except as otherwise provided in subsection (c) of this section, the court may assess …

§ 8-622. Binding effect of determination of parentage [Effective Dec. 6, 2026]. (a) Except as otherwise provided in subsection (b) of this section: (1) A signatory to an acknowledgment of parentage or denial of parentage is bound by the acknowledgment and denial as provided in su…

§ 8-623. No right to reimbursement [Effective Dec. 6, 2026]. If the court determines that an individual is not the parent of a child, the individual does not have a right to reimbursement for any child support or medical expenses paid before the date on which the other party or t…

§ 8-624. Full faith and credit [Effective Dec. 6, 2026]. 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 complia…

§ 8-701. Scope of article [Effective Dec. 6, 2026]. This subchapter does not apply to the birth of a child conceived by sexual intercourse or assisted reproduction under a surrogacy agreement under subchapter VIII of this chapter.74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, §…

§ 8-702. Parental status of donor [Effective Dec. 6, 2026]. A donor is not a parent of a child conceived by assisted reproduction.74 Del. Laws, c. 136, § 1; 85 Del. Laws, c. 276, § 83;

§ 8-703. Parentage of a child of assisted reproduction [Effective Dec. 6, 2026]. An individual who consents under § 8-704 of this title to assisted reproduction with the intent to be a parent of a child conceived by the assisted reproduction is a parent of the child.74 Del. Laws,…

§ 8-704. Consent to assisted reproduction [Effective Dec. 6, 2026]. (a) Except as otherwise provided in subsection (b) of this section, the consent described in § 8-703 of this title must be in a record signed by an individual giving birth to a child conceived by assisted reprodu…

§ 8-705. Limitation on spouse’s dispute of parentage [Effective Dec. 6, 2026]. (a) Except as otherwise provided in subsection (b) of this section, an individual who, at the time of a child’s birth, is the spouse of the individual who gave birth to a child by assisted reproduction…

§ 8-706. Effect of certain legal proceedings regarding marriage [Effective Dec. 6, 2026]. If a marriage of an individual who gives birth to a child conceived by assisted reproduction is terminated through divorce or dissolution, declared invalid, or annulled before transfer of ga…

§ 8-707. Withdrawal of consent [Effective Dec. 6, 2026]. (a) An individual who consents under § 8-704 of this title to assisted reproduction may withdraw consent any time before a transfer that results in a pregnancy, by giving notice in a record of the withdrawal of consent to t…

§ 8-708. Parental status of deceased individual [Effective Dec. 6, 2026]. (a) If an individual who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer of a gamete or embryo and the birth of the child, the individual’s d…

§ 8-801. Short title [Effective Dec. 6, 2026]. This subchapter may be cited as the “Gestational and Genetic Carrier Agreement Act.”79 Del. Laws, c. 88, § 8; 85 Del. Laws, c. 276, § 90;

§ 8-802. Definitions [Effective Dec. 6, 2026]. In this subchapter: (1) “Genetic carrier” means an individual who is not an intended parent and who agrees to become pregnant through assisted reproduction using the individual’s own gamete with the intention of gestating and deliver…

§ 8-803. Scope and purpose [Effective Dec. 6, 2026]. (a) The purpose of this subchapter is to establish consistent standards and procedural safeguards for the protection of all parties to a gestational or genetic carrier agreement in this State and to confirm the legal status of …

§ 8-804. Bases for jurisdiction over nonresident [Effective Dec. 6, 2026]. In a proceeding to enforce a gestational or genetic carrier agreement, a tribunal of this State may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservator …

§ 8-805. Effect of subsequent change of marital status [Effective Dec. 6, 2026]. (a) Unless a gestational or genetic carrier agreement expressly provides otherwise: (1) The marriage of a gestational or genetic carrier after the agreement is signed by all parties does not affect t…

§ 8-806. Gestational and genetic carrier agreements: parentage of deceased intended parent [Effective Dec. 6, 2026]. (a) Section 8-811 of this title applies to an intended parent under a gestational carrier agreement even if the intended parent died during the period between the …

§ 8-807. Inspection of documents [Effective Dec. 6, 2026]. Notwithstanding § 1063 of Title 10 and unless the court orders otherwise, a petition and any other document related to a gestational or genetic carrier agreement filed with the court under this part are not open to inspec…

§ 8-808. Parental status of gestational carrier [Effective Dec. 6, 2026]. 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; 85 Del. Laws, c. 276, § 90;

§ 8-809. Rights and responsibilities of parents under a gestational 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, responsibities, and obligations set forth in Chapter 7 of this ti…

§ 8-810. Eligibility to enter a gestational carrier agreement [Effective Dec. 6, 2026]. (a) Before executing an agreement to act as a gestational carrier, an individual must meet all of the following requirements: (1) Be at least 21 years of age. (2) Have given birth to at least …

§ 8-811. Requirements for a gestational carrier agreement [Effective Dec. 6, 2026]. (a) A gestational carrier agreement is enforceable if: (1) It meets the requirements set forth in subsection (b) of this section, and (2) It contains at a minimum each of the terms set forth in su…

§ 8-812. Effect of noncompliance with gestational carrier agreement [Effective Dec. 6, 2026]. Except as otherwise provided in this chapter, if a party does not comply with the requirements of this subchapter, a court of competent jurisdiction shall determine the respective rights…

§ 8-813. Remedies [Effective Dec. 6, 2026]. (a) Except as expressly provided in the gestational carrier agreement and subsection (c) of this section, the intended parents are entitled to all remedies available at law or equity. (b) Except as expressly provided in the gestational …