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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

559 sections·Filtered byTitle 13✕

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…

13 Del. C. § 8-507. Costs of genetic testing [Effective Dec. 6, 2026].

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§ 8-507. Costs of genetic testing [Effective Dec. 6, 2026]. (a) Subject to assessment of fees under subchapter VI of this chapter, payment of the cost of initial genetic testing must be made in advance: (1) By a child-support agency in a proceeding in which the child-support agen…

13 Del. C. § 8-508. Additional genetic testing [Effective Dec. 6, 2026].

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§ 8-508. Additional genetic testing [Effective Dec. 6, 2026]. The Court or child-support agency shall order additional genetic testing on request of an individual who contests the result of the initial testing under § 8-506 of this title. If initial genetic testing under § 8-506 …

13 Del. C. § 8-509. Genetic testing when specimen not available [Effective Dec. 6, 2026].

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§ 8-509. Genetic testing when specimen not available [Effective Dec. 6, 2026]. (a) Subject to subsection (b) of this section, if a genetic-testing specimen is not available from an alleged genetic parent of a child, for good cause and under circumstances the court considers to be…

13 Del. C. § 8-510. Deceased individual [Effective Dec. 6, 2026].

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§ 8-510. Deceased individual [Effective Dec. 6, 2026]. If an individual seeking genetic testing demonstrates good cause, the court may order genetic testing of a deceased individual.74 Del. Laws, c. 136, § 1; 85 Del. Laws, c. 276, § 50;

13 Del. C. § 8-511. Identical siblings [Effective Dec. 6, 2026].

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§ 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. …

13 Del. C. § 8-512. Confidentiality of genetic testing; violation is class A misdemeanor [Effective Dec. 6, 2026].

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§ 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…

13 Del. C. § 8-601. Proceeding authorized [Effective Dec. 6, 2026].

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§ 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…

13 Del. C. § 8-602. Standing to maintain proceeding [Effective Dec. 6, 2026].

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§ 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 …

13 Del. C. § 8-603. Notice of proceeding [Effective Dec. 6, 2026].

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§ 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; (…

13 Del. C. § 8-604. Personal jurisdiction [Effective Dec. 6, 2026].

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§ 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…

13 Del. C. § 8-605. Venue [Effective Dec. 6, 2026].

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§ 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;

13 Del. C. § 8-606. Admissibility of results of genetic testing [Effective Dec. 6, 2026].

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§ 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…

13 Del. C. § 8-607. Adjudicating parentage of child with alleged genetic parent [Effective Dec. 6, 2026].

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§ 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…

13 Del. C. § 8-608. Adjudicating parentage of child with presumed parent [Effective Dec. 6, 2026].

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§ 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…

13 Del. C. § 8-609. Adjudicating claim of de facto parentage of child [Effective Dec. 6, 2026].

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§ 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…

13 Del. C. § 8-610. Adjudicating parentage of child with acknowledged parent [Effective Dec. 6, 2026].

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§ 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…

13 Del. C. § 8-611. Adjudicating parentage of child with adjudicated parent [Effective Dec. 6, 2026].

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§ 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…

13 Del. C. § 8-612. Adjudicating parentage of child of assisted reproduction [Effective Dec. 6, 2026].

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§ 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…

13 Del. C. § 8-613. Adjudicating competing claims of parentage [Effective Dec. 6, 2026].

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§ 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…

13 Del. C. § 8-615. Temporary order [Effective Dec. 6, 2026].

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§ 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…

13 Del. C. § 8-616. Combining proceedings [Effective Dec. 6, 2026].

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§ 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…

13 Del. C. § 8-617. Proceeding before birth [Effective Dec. 6, 2026].

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§ 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 …

13 Del. C. § 8-618. Child as party; representation [Effective Dec. 6, 2026].

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§ 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…

13 Del. C. § 8-619. Court to adjudicate parentage [Effective Dec. 6, 2026].

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§ 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;

13 Del. C. § 8-620. Dismissal for want of prosecution [Effective Dec. 6, 2026].

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§ 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…

13 Del. C. § 8-621. Order adjudicating parentage [Effective Dec. 6, 2026].

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§ 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 …

13 Del. C. § 8-622. Binding effect of determination of parentage [Effective Dec. 6, 2026].

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§ 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…

13 Del. C. § 8-623. No right to reimbursement [Effective Dec. 6, 2026].

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§ 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…

13 Del. C. § 8-624. Full faith and credit [Effective Dec. 6, 2026].

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§ 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…

13 Del. C. § 8-701. Scope of article [Effective Dec. 6, 2026].

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§ 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, §…

13 Del. C. § 8-702. Parental status of donor [Effective Dec. 6, 2026].

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§ 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;

13 Del. C. § 8-703. Parentage of a child of assisted reproduction [Effective Dec. 6, 2026].

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§ 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,…

13 Del. C. § 8-704. Consent to assisted reproduction [Effective Dec. 6, 2026].

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§ 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…

13 Del. C. § 8-705. Limitation on spouse’s dispute of parentage [Effective Dec. 6, 2026].

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§ 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…

13 Del. C. § 8-706. Effect of certain legal proceedings regarding marriage [Effective Dec. 6, 2026].

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§ 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…

13 Del. C. § 8-707. Withdrawal of consent [Effective Dec. 6, 2026].

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§ 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…

13 Del. C. § 8-708. Parental status of deceased individual [Effective Dec. 6, 2026].

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§ 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…

13 Del. C. § 8-801. Short title [Effective Dec. 6, 2026].

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§ 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;