Title 13, Domestic Relations

§ 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 …

§ 8-814. Eligibility to enter into a genetic carrier agreement [Effective Dec. 6, 2026]. (a) Before executing an agreement to act as a genetic 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 1 c…

§ 8-815. Requirements for a genetic carrier agreement [Effective Dec. 6, 2026]. (a) A genetic 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 subsecti…

§ 8-816. Requirements to validate genetic carrier agreement [Effective Dec. 6, 2026]. (a) Except as otherwise provided in § 8-820 of this title, to be enforceable, a genetic carrier agreement must be validated by the court. A proceeding to validate the agreement must be commenced…

§ 8-817. Termination of genetic carrier agreement [Effective Dec. 6, 2026]. (a) A party to a genetic carrier agreement may terminate the agreement as follows: (1) An intended parent who is a party to the agreement may terminate the agreement at any time before a gamete or embryo …

§ 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…

§ 901. Definitions [Effective until Dec. 6, 2026]. For the purposes of this chapter: (1) “Adoptee” means a person whose birth parent’s or parents’ rights were terminated or who has been adopted in this State. (2) “Adult adoptee” means an adoptee who is 18 years of age or older. (…

§ 902. Jurisdiction and venue; removal of petitioner from county. (a) Family Court shall have jurisdiction of proceedings under this chapter. (b) A petition for adoption shall be filed either in the Family Court of the county in which the licensed or authorized agency placing the…

§ 903. Persons eligible to petition to adopt. To be eligible to petition the Family Court for an order authorizing the petitioner or petitioners to adopt a child not such petitioner’s or petitioners’, the petitioner or petitioners must satisfy the three following requirements: (1…

§ 904. Placement and supervision for adoption. (a) No petition for adoption shall be presented unless prior to the filing of the petition the child sought to be adopted has been placed for adoption by the Department, a licensed agency or an authorized agency, and the placement ha…

§ 905. Appeal from decision of the Department or licensed agency. In any case where the Department or a licensed agency refuses to place a child for adoption when requested by the parent of the child, or refuses the request of any person that a child be placed with such person fo…

§ 906. Contents of petition for adoption [Effective until Dec. 6, 2026]. The petition shall state: (1) The name, address and marital status of the petitioner or petitioners; (2) The sex and date of birth of the child whose adoption is sought; (3) The relationship of the petitione…

§ 907. Consent requirements. (a) A petition for adoption shall contain a consent to the proposed adoption. The consent shall be in writing, notarized and attached to the petition as an exhibit. If consent is obtained or given outside this State, it must be executed in accordance …

§ 908. Right to consent [Effective until Dec. 6, 2026]. (a) Except in the case of an adoption by a stepparent or blood relative, no petition for adoption shall be filed unless the child to be adopted is legally free for adoption. The consent to the adoption shall be granted by th…

§ 909. Withdrawal of consent. In any case in which consent has been given in accordance with the provisions of § 907 of this title, and the person, Department, licensed agency, authorized agency or child over age 14 giving the consent desires to withdraw the consent, the person, …

§ 910. Withdrawal of petition. In any case in which the petition to adopt is withdrawn, the Court may order the removal of the child from the prospective adoptive home if, in the opinion of the Court, such removal is in the best interest of the child. If such a removal is ordered…

§ 911. Religious affiliation [Effective until Dec. 6, 2026]. (a) If either natural parent, in a notarized statement made prior to the placement for adoption, specifies the religion in which such parent desires the child to be raised, the Department or licensed agency shall make p…

§ 912. Social study and report [Effective until Dec. 6, 2026]. (a) Upon the filing of a petition for adoption, the Judge of the Family Court in which the petition has been filed, after determining that the petition has been properly filed and that the petitioner or petitioners ar…

§ 913. Time for filing the adoption petition. (a) A petition for adoption may be filed when the requirements of § 904 of this title have been met, the child is legally free for adoption, and the adoptive placement of the child has been supervised for a period of 6 months by the D…

§ 914. Death, divorce, annulment, separation of petitioner pending proceeding. (a) In the event of the death of a sole petitioner, or of both petitioners, the proceedings shall abate and the petition shall be dismissed. (b) When, after a petition for adoption has been filed, 1 of…

§ 915. Decree of adoption. (a) Within 60 days from the date of the receipt by the Court of the report, the Court shall render a decision upon the petition. If the Court is of the opinion that the petitioner or petitioners are qualified properly to maintain, care for and educate t…

§ 916. Court costs. The costs in all cases of adoption under this chapter shall be taxed by the Court on the person or persons filing the petition, and they shall pay the same to the Clerk of Court.17 Del. Laws, c. 612, § 4; Code 1915, § 3066; Code 1935, § 3552; 13 Del. C. 1953, …

§ 917. Appeal. (a) Appeal from any order or decree entered in any adoption proceedings shall lie to the Supreme Court. No appeal shall lie from any order or decree involving proceedings for adoption unless taken within 30 days from the date of such order or decree. (b) The Depart…

§ 918. Finality of decree of adoption. Upon the expiration of 6 months from the date of the entry of the decree of adoption, any irregularities in the proceedings shall be deemed cured, and the validity of such decree shall not thereafter be subject to attack either through colla…

§ 919. General effect of adoption. (a) Upon the issuance of the decree of adoption, the adopted child shall be considered the child of the adopting parent or parents, entitled to the same rights and privileges and subject to the same duties and obligations as if such child had be…

§ 920. Effect of adoption on inheritance [Effective until Dec. 6, 2026]. (a) Upon the issuance of a decree of adoption, the adopted child shall lose all rights of inheritance from its natural parent or parents and from their collateral or lineal relatives. The rights of the natur…

§ 921. Report of vital statistics data [Effective until Dec. 6, 2026]. (a) Upon the entry of a decree of adoption, the Clerk of the Family Court shall forward to the Department of Health and Social Services, Office of Vital Statistics, a report on the form provided for this purpo…