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Delaware Statutes, Title 13

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Delaware/Statutes

← All Delaware coverage

Title 13, Domestic Relations

21 chapters · 559 sections in this title.

All chapters in Title 13559 Ch 8, Uniform Parentage Act [Effective unt…117 Ch 6, UNIFORM INTERSTATE FAMILY SUPPORT ACT78 Ch 9, ADOPTION43 Ch 23, GUARDIANSHIP OF A CHILD40 Ch 19, UNIFORM CHILD CUSTODY JURISDICTION A…36 Ch 1, MARRIAGE30 Ch 7, PARENTS AND CHILDREN23 Ch 15, Divorce and Annulment23 Ch 22, Division of Child Support Services22 Ch 5, DESERTION AND SUPPORT20 Ch 7a, CHILD PROTECTION FROM DOMESTIC VIOLE…19 Ch 11, Termination and Transfer of Parental…19 Ch 2, Civil Unions18 Ch 25, DSCYF CUSTODY18

117 sections·Filtered byTitle 13✕Ch 8✕

13 Del. C. § 8-1001. Uniformity of application and construction [Effective Dec. 6, 2026].
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§ 8-1001. Uniformity of application and construction [Effective Dec. 6, 2026]. 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,…
13 Del. C. § 8-1002. Relation to Electronic Signatures in Global and National Commerce Act [Effective Dec. 6, 2026].
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§ 8-1002. Relation to Electronic Signatures in Global and National Commerce Act [Effective Dec. 6, 2026]. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede…
13 Del. C. § 8-1003. Effect on existing parentage [Effective Dec. 6, 2026].
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§ 8-1003. Effect on existing parentage [Effective Dec. 6, 2026]. A determination of parentage or nonparentage made under the law of this State before the enactment of 74 Del. Laws, c. 136, 79 Del. Laws, c. 88, and 85 Del. Laws, c. 276 remains in force and effect.74 Del. Laws, c. …
13 Del. C. § 8-1004. Transitional provision [Effective Dec. 6, 2026].

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§ 8-1004. Transitional provision [Effective Dec. 6, 2026]. This chapter applies to a pending proceeding to adjudicate parentage commenced before December 6, 2026 for an issue on which a judgment has not been entered.74 Del. Laws, c. 136, § 1; 85 Del. Laws, c. 276, §§ 92, 97;

13 Del. C. § 8-101. Short title [Effective Dec. 6, 2026].

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§ 8-101. Short title [Effective Dec. 6, 2026]. This chapter may be cited as the “Uniform Parentage Act (2017).”74 Del. Laws, c. 136, § 1; 85 Del. Laws, c. 276, § 1;

13 Del. C. § 8-102. Definitions [Effective Dec. 6, 2026].

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§ 8-102. Definitions [Effective Dec. 6, 2026]. In this chapter: (1) “Acknowledged parent” means an individual who has established a parent-child relationship under subchapter III of this chapter. (2) “Adjudicated parent” means an individual who has been adjudicated by a court of …

13 Del. C. § 8-103. Scope of chapter; choice of law [Effective Dec. 6, 2026].

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§ 8-103. Scope of chapter; choice of law [Effective Dec. 6, 2026]. (a) This chapter applies to an adjudication or determination of parentage in this State. (b) The court shall apply the law of this State to adjudicate the parent-child relationship. The applicable law does not dep…

13 Del. C. § 8-104. Court of this State [Effective Dec. 6, 2026].

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§ 8-104. Court of this State [Effective Dec. 6, 2026]. The Family Court of the State of Delaware may adjudicate parentage under this chapter.74 Del. Laws, c. 136, § 1; 85 Del. Laws, c. 276, § 4;

13 Del. C. § 8-105. Protection of participants [Effective Dec. 6, 2026].

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§ 8-105. Protection of participants [Effective Dec. 6, 2026]. (a) Notwithstanding any other law concerning public hearings and records, any hearing or trial under this chapter must be held in closed court without admittance of any person other than those necessary to the action o…

13 Del. C. § 8-106. Determination of maternity and paternity [Effective Dec. 6, 2026].

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§ 8-106. Determination of maternity and paternity [Effective Dec. 6, 2026]. To the extent practicable, a provision of this chapter applicable to a father-child relationship applies to a mother-child relationship and a provision of this chapter applicable to a mother-child relatio…

13 Del. C. § 8-107. Child’s right to determination of parentage [Effective Dec. 6, 2026].

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§ 8-107. Child’s right to determination of parentage [Effective Dec. 6, 2026]. A child has the same rights and protections under law to parentage without regard to the marital status, age, gender, gender identity, or sexual orientation of the child’s parents or the circumstances …

13 Del. C. § 8-201. Establishment of parent-child relationship [Effective Dec. 6, 2026].

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§ 8-201. Establishment of parent-child relationship [Effective Dec. 6, 2026]. A parent-child relationship is established between an individual and a child if: (1) The individual gives birth to the child, except as otherwise provided in subchapter VIII of this chapter; (2) There i…

13 Del. C. § 8-202. No discrimination based on marital status of parent [Effective Dec. 6, 2026].

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§ 8-202. No discrimination based on marital status of parent [Effective Dec. 6, 2026]. A parent-child relationship extends equally to every child and parent, regardless of the marital status of the parent.74 Del. Laws, c. 136, § 1; 85 Del. Laws, c. 276, § 9;

13 Del. C. § 8-203. Consequences of establishment of parentage [Effective Dec. 6, 2026].

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§ 8-203. Consequences of establishment of parentage [Effective Dec. 6, 2026]. Unless parental rights are terminated, a parent-child relationship established under this chapter applies for all purposes, except as otherwise specifically provided by law of this State other than this…

13 Del. C. § 8-204. Presumption of parentage [Effective Dec. 6, 2026].

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§ 8-204. Presumption of parentage [Effective Dec. 6, 2026]. (a) An individual is presumed to be a parent of a child if: (1) Except as otherwise provided under subchapter VIII of this chapter or law of this State other than this chapter: a. The individual and the individual who ga…

13 Del. C. § 8-301. Acknowledgment of parentage [Effective Dec. 6, 2026].

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§ 8-301. Acknowledgment of parentage [Effective Dec. 6, 2026]. An individual who gave birth to a child and an alleged genetic parent of the child, parent under subchapter VII of this chapter, or presumed parent may sign an acknowledgment of parentage to establish the parentage of…

13 Del. C. § 8-302. Execution of acknowledgment of parentage [Effective Dec. 6, 2026].

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§ 8-302. Execution of acknowledgment of parentage [Effective Dec. 6, 2026]. (a) An acknowledgment of parentage under § 8-301 of this title must: (1) Be in a record signed by the individual who gave birth to the child and by the individual seeking to establish a parent-child relat…

13 Del. C. § 8-303. Denial of parentage [Effective Dec. 6, 2026].

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§ 8-303. Denial of parentage [Effective Dec. 6, 2026]. A presumed parent may sign a denial of parentage in a record. The denial of parentage is valid only if: (1) An acknowledgment of parentage by another individual is filed under § 8-305 of this title; (2) The signature of the p…

13 Del. C. § 8-304. Rules for acknowledgment or denial of parentage [Effective Dec. 6, 2026].

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§ 8-304. Rules for acknowledgment or denial of parentage [Effective Dec. 6, 2026]. (a) An acknowledgment of parentage and a denial of parentage may be contained in a single document or may be in counterparts and may be filed with the Office of Vital Statistics separately or simul…

13 Del. C. § 8-305. Effect of acknowledgment or denial of parentage [Effective Dec. 6, 2026].

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§ 8-305. Effect of acknowledgment or denial of parentage [Effective Dec. 6, 2026]. (a) Except as otherwise provided in § § 8-307 and 8-308 of this title, an acknowledgment of parentage that complies with this subchapter and is filed with the Office of Vital Statistics is equivale…

13 Del. C. § 8-306. No filing fee [Effective Dec. 6, 2026].

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§ 8-306. No filing fee [Effective Dec. 6, 2026]. The Office of Vital Statistics may not charge a fee for filing an acknowledgment of parentage or denial of parentage.74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1; 85 Del. Laws, c. 276, § 18;

13 Del. C. § 8-307. Proceeding for rescission [Effective Dec. 6, 2026].

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§ 8-307. Proceeding for rescission [Effective Dec. 6, 2026]. (a) A signatory may rescind an acknowledgment of parentage or denial of parentage by commencing a proceeding to rescind before the earlier of: (1) Sixty days after the effective date under § 8-304 of this title of the a…

13 Del. C. § 8-308. Challenge after expiration of period for rescission [Effective Dec. 6, 2026].

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§ 8-308. Challenge after expiration of period for rescission [Effective Dec. 6, 2026]. (a) After the period for rescission under § 8-307 of this title expires, but not later than 2 years after the effective date under § 8-304 of this title of an acknowledgment of parentage or den…

13 Del. C. § 8-309. Procedure for rescission or challenge by signatory [Effective Dec. 6, 2026].

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§ 8-309. Procedure for rescission or challenge by signatory [Effective Dec. 6, 2026]. (a) Every signatory to an acknowledgment of parentage and any related denial of parentage must be made a party to a proceeding to rescind or challenge the acknowledgment or denial. (b) By signin…

13 Del. C. § 8-310. Ratification barred [Effective Dec. 6, 2026].

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§ 8-310. Ratification barred [Effective Dec. 6, 2026]. A court conducting a judicial proceeding or an administrative agency conducting an administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of parentage.74 Del. Laws, c. 136, § 1; 70 Del…

13 Del. C. § 8-311. Full faith and credit [Effective Dec. 6, 2026].

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§ 8-311. Full faith and credit [Effective Dec. 6, 2026]. A court of this State shall give full faith and credit to an acknowledgment of parentage or denial of parentage effective in another state if the acknowledgment or denial was in a signed record and is otherwise in complianc…

13 Del. C. § 8-312. Forms for acknowledgment and denial of parentage [Effective Dec. 6, 2026].

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§ 8-312. Forms for acknowledgment and denial of parentage [Effective Dec. 6, 2026]. (a) The Division of Child Support Services shall prescribe forms for an acknowledgment of parentage and denial of parentage. (b) A valid acknowledgment of parentage or denial of parentage is not a…

13 Del. C. § 8-313. Release of information [Effective Dec. 6, 2026].

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§ 8-313. Release of information [Effective Dec. 6, 2026]. The Division of Child Support Services may release information relating to the acknowledgment of parentage or denial of parentage to a signatory of the acknowledgment or denial, a court, federal agency, and child support a…

13 Del. C. § 8-314. Adoption of rules [Effective Dec. 6, 2026].

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§ 8-314. Adoption of rules [Effective Dec. 6, 2026]. The Division of Child Support Services may adopt rules under Chapter 101 of Title 29 to implement this subchapter.74 Del. Laws, c. 136, § 1; 80 Del. Laws, c. 234, § 16; 85 Del. Laws, c. 276, § 26;

13 Del. C. § 8-401. Establishment of registry.

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§ 8-401. Establishment of registry. A registry of paternity is established in the Office of Vital Statistics.74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1;

13 Del. C. § 8-402. Registration for notification [Effective Dec. 6, 2026].

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§ 8-402. Registration for notification [Effective Dec. 6, 2026]. (a) Except as otherwise provided in subsection (b) of § 8-405 of this title, a man who desires to be notified of a proceeding for adoption of, or termination of parental rights regarding, the man’s genetic child mus…

13 Del. C. § 8-403. Notice of proceeding [Effective Dec. 6, 2026].

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§ 8-403. Notice of proceeding [Effective Dec. 6, 2026]. (a) An individual who seeks to adopt a child or terminate parental rights to the child shall give notice of the proceeding to a man who has registered timely under § 8-402(a) of this title regarding the child. (b) Notice mus…

13 Del. C. § 8-404. Termination of parental rights; child under 1 year of age [Effective Dec. 6, 2026].

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§ 8-404. Termination of parental rights; child under 1 year of age [Effective Dec. 6, 2026]. An individual who seeks to adopt a child or terminate parental rights to the child is not required to give notice of the proceeding to a man who may be the genetic father of the child if:…

13 Del. C. § 8-405. Termination of parental rights; child at least 1 year of age [Effective Dec. 6, 2026].

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§ 8-405. Termination of parental rights; child at least 1 year of age [Effective Dec. 6, 2026]. (a) If a child is at least 1 year of age, an individual seeking to adopt or terminate parental rights to the child shall give notice of the proceeding to each alleged genetic father of…

13 Del. C. § 8-406. Required form [Effective Dec. 6, 2026].

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§ 8-406. Required form [Effective Dec. 6, 2026]. (a) The Office of Vital Statistics shall prescribe a form for registering under § 8-402(a) of this title. The form must state that: (1) The man who registers signs the form under penalty of perjury. (2) Timely registration entitles…

13 Del. C. § 8-407. Furnishing of information; confidentiality [Effective Dec. 6, 2026].

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§ 8-407. Furnishing of information; confidentiality [Effective Dec. 6, 2026]. (a) The Office of Vital Statistics is not required to seek to locate the individual who gave birth to the child who is the subject of a registration under § 8-402(a) of this title, but the Office of Vit…

13 Del. C. § 8-408. Penalty for releasing information; class A misdemeanor [Effective Dec. 6, 2026].

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§ 8-408. Penalty for releasing information; class A misdemeanor [Effective Dec. 6, 2026]. (a) An individual may not intentionally release information from the registry established by § 8-401 of this title to an individual or agency not authorized under § 8-407(b) of this title to…

13 Del. C. § 8-409. Rescission of registration [Effective Dec. 6, 2026].

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§ 8-409. Rescission of registration [Effective Dec. 6, 2026]. A man who registers under § 8-402(a) of this title may rescind registration at any time by filing with the registry established by § 8-401 of this title a rescission in a signed record that is attested by a notarial of…

13 Del. C. § 8-410. Untimely registration [Effective Dec. 6, 2026].

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§ 8-410. Untimely registration [Effective Dec. 6, 2026]. If a man registers under § 8-402(a) of this title more than 30 days after the birth of the child, the Office of Vital Statistics shall notify the man that, based on a review of the registration, the registration was not fil…

13 Del. C. § 8-411. Fees for registry [Effective Dec. 6, 2026].

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§ 8-411. Fees for registry [Effective Dec. 6, 2026]. (a) The Office of Vital Statistics may not charge a fee for filing a registration under § 8-402(a) of this title or a rescission of registration under § 8-409 of this title. (b) Except as otherwise provided in subsection (c) of…

13 Del. C. § 8-412. Child born through assisted reproduction; search of registry inapplicable [Effective Dec. 6, 2026].

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§ 8-412. Child born through assisted reproduction; search of registry inapplicable [Effective Dec. 6, 2026]. This Part does not apply to a child born through assisted reproduction.85 Del. Laws, c. 276, § 37;

13 Del. C. § 8-413. Search of appropriate registry [Effective Dec. 6, 2026].

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§ 8-413. Search of appropriate registry [Effective Dec. 6, 2026]. If a parent-child relationship has not been established under this chapter between a child who is under 1 year of age and an individual other than the individual who gave birth to the child: (1) An individual seeki…

13 Del. C. § 8-414. Certificate of search of registry [Effective Dec. 6, 2026].

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§ 8-414. Certificate of search of registry [Effective Dec. 6, 2026]. (a) The Office of Vital Statistics shall furnish a certificate of search of the registry established by § 8-401 of this title on request to an individual, court, or agency identified in § 8-407(b) of this title …

13 Del. C. § 8-415. Admissibility of registered information [Effective Dec. 6, 2026].

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§ 8-415. Admissibility of registered information [Effective Dec. 6, 2026]. A certificate of search of a registry of paternity in this or another state is admissible in a proceeding for adoption of, or termination of, parental rights to a child and, if relevant, in other legal pro…

13 Del. C. § 8-501. Definitions [Effective Dec. 6, 2026].

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§ 8-501. Definitions [Effective Dec. 6, 2026]. In this subchapter: (1) “Combined relationship index” means the product of all tested relationship indices. (2) “Ethnic or racial group” means, for the purpose of genetic testing, a recognized group that an individual identifies as t…

13 Del. C. § 8-502. Scope of subchapter; limitation on use of genetic testing [Effective Dec. 6, 2026].

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§ 8-502. Scope of subchapter; limitation on use of genetic testing [Effective Dec. 6, 2026]. (a) This subchapter governs genetic testing of an individual in a proceeding to adjudicate parentage, whether the individual: (1) Voluntarily submits to testing; or (2) Is tested under an…

13 Del. C. § 8-503. Authority to order or deny genetic testing [Effective Dec. 6, 2026].

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§ 8-503. Authority to order or deny genetic testing [Effective Dec. 6, 2026]. (a) Except as otherwise provided in this subchapter and subchapter VI of this chapter, in a proceeding under this chapter to determine parentage, the court shall order the child and any other individual…

13 Del. C. § 8-504. Requirements for genetic testing [Effective Dec. 6, 2026].

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§ 8-504. Requirements for genetic testing [Effective Dec. 6, 2026]. (a) Genetic testing must be of a type reasonably relied on by experts in the field of genetic testing and performed in a testing laboratory accredited by: (1) The AABB, formerly known as the American Association …

13 Del. C. § 8-505. Report of genetic testing [Effective Dec. 6, 2026].

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§ 8-505. Report of genetic testing [Effective Dec. 6, 2026]. (a) A report of genetic testing must be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report complying with the requirements of this subchapter is self-authenticating. (b) Do…

13 Del. C. § 8-506. Genetic testing results; challenge to results [Effective Dec. 6, 2026].

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§ 8-506. Genetic testing results; challenge to results [Effective Dec. 6, 2026]. (a) Subject to a challenge under subsection (b) of this section, an individual is identified under this chapter as a genetic parent of a child if genetic testing complies with this subchapter and the…