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SPONSOR: Sen. Pinkney & Rep. Griffith
Sens. Huxtable, Seigfried, Sokola; Reps. Berry, Gorman,
Harris, Morrison, Neal, Phillips, Romer
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 250
AN ACT TO AMEND TITLE 10, TITLE 13, AND TITLE 16 OF THE DELAWARE CODE RELATING TO THE
UNIFORM PARENTAGE ACT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1 Section 1. Amend § 8-101, Title 13 of the Delaware Code by making deletions as shown by strike through and
2 insertions as shown by underline as follows:
3 § 8-101. Short Title.
4 This chapter may be cited as the “Uniform Parentage Act.” Act (2017)”.
5 Section 2. Amend § 8-102, Title 13 of the Delaware Code by making deletions as shown by strike through and
6 insertions as shown by underline as follows:
7 § 8-102. Definitions.
8 In this chapter:
9 (1) “Acknowledged father” parent” means a man an individual who has established a father-child parent-child
10 relationship under subchapter III of this chapter.
11 (2) “Adjudicated father” parent” means a man an individual who has been adjudicated by a court of competent
12 jurisdiction to be the father parent of a child.
13 (3) “Alleged father” genetic parent” means a man an individual who alleges himself to be, or is alleged to be,
14 the a genetic father parent or a possible genetic father parent of a child, but child whose paternity parentage has not
15 been determined. adjudicated. The term includes an alleged genetic father and alleged genetic mother. The term does
16 not include:
17 (i) a. A presumed father; parent;
18 (ii) b. A man An individual whose parental rights have been terminated or declared not to exist; or
19 (iii) c. A male donor.
20 (4) “Assisted reproduction” means a method of causing pregnancy other than sexual intercourse. The term
21 includes, but is not limited to: includes:
22 (i) a. Insemination;
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23 (ii) b. Donation of eggs; gametes;
24 (iii) c. Donation of embryos;
25 (iv) d. In-vitro fertilization and transfer of embryos; and
26 (v) e. Intracytoplasmic sperm injection.
27 (5) “Birth” includes stillbirth.
28 (5)(6) “Child” means an individual of any age whose parentage may be determined under this chapter.
29 (7) “Child-support agency” means a government entity, public official, or private agency, authorized to
30 provide parentage-establishment services under Title IV-D of the Social Security Act, 42 U.S.C. Sections 651 through
31 669.
32 (6)(8) “Commence” means to file the initial pleading seeking an adjudication of parentage in the Family Court
33 of the State of Delaware. “Commenced” and “commencement” have a similar meaning.
34 (7)(9)a. “Compensation” means payment of any valuable consideration for services in addition to
35 consideration.
36 b. “Compensation” does not include payment for reasonable medical and ancillary costs.
37 (8)(10) “Determination of parentage” means the establishment of the a parent-child relationship by a judicial
38 or administrative proceeding or the signing of a valid acknowledgment of paternity parentage under subchapter III of
39 this chapter or adjudication by the Court. chapter.
40 (9)(11) “Donor” means an individual who produces eggs or sperm, or who provides embryos used for assisted
41 reproduction, provides gametes or embryos intended for use in assisted reproduction, whether or not for consideration.
42 The term does not include:
43 (i) A husband who provides sperm, or a wife who provides eggs, to be used for assisted reproduction by
44 the wife;
45 (ii) a. A woman an individual who gives birth to a child conceived by means of assisted reproduction, or
46 reproduction, except as otherwise provided in subchapter VIII of this chapter; or
47 (iii) b. A parent under subchapter VII of this chapter or an intended parent under subchapter VIII of this
48 chapter.
49 (10) “Embryo transfer” means all medical and laboratory procedures that are necessary to effectuate the
50 transfer of an embryo in the uterine cavity.
51 (11) “Ethnic or racial group” means, for purposes of genetic testing, a recognized group that an individual
52 identifies as all or part of the individual’s ancestry or that is so identified by other information.
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53 (12) “Gamete” means either a human egg or sperm. sperm, egg, or any part of a sperm or egg.
54 (13) “Genetic testing” means an analysis of genetic markers to exclude or identify a man as the father or a
55 woman as the mother of a child. identify or exclude a genetic relationship. The term includes an analysis of 1 or a
56 combination of the following:
57 (i) Deoxyribonucleic acid; and
58 (ii) Blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes, serum proteins
59 or red-cell enzymes.
60 (14) “Gestational carrier” means a woman who is neither an intended parent nor a donor, who agrees to
61 become pregnant for an intended parent by assisted reproduction with the intention of gestating and delivering the
62 intended parent’s child.
63 (15) “Gestational carrier agreement” means a written agreement between the gestational carrier, her spouse or
64 partner, if any, and the intended parent, pursuant to which the intended parent agrees to become the parent of the child
65 resulting from the assisted reproduction.
66 (16) “Gestational carrier arrangement” means the process by which a woman attempts to carry and give birth
67 to a child created through assisted reproduction using the gamete(s) provided by the intended parents which may or
68 may not be genetically related to either of the intended parents, and to which the gestational carrier has made no
69 genetic contribution.
70 (17) “Health care provider” means a person who is duly licensed to provide health care, including all medical,
71 psychological, or counseling professionals.
72 (14) “Individual” means a natural person of any age.
73 (18)(15) “Intended parent” means a person or persons who enters into a gestational carrier agreement with a
74 gestational carrier to become a parent of any resulting child. In the case of a married couple, any reference to an
75 intended parent shall include both spouses for all purposes of this chapter. This term shall include the intended
76 mother(s), intended father(s), or both. means an individual, married or unmarried, who manifests an intent to be legally
77 bound as a parent of a child conceived by assisted reproduction.
78 (19)(16) “In vitro fertilization” means all medical and laboratory procedures that are necessary to effectuate
79 the extracorporeal fertilization of egg and sperm. the fertilization of egg with sperm outside of the human body.
80 (20) “Man” means a male individual of any age.
81 (21) “Married couple” includes 2 people who are parties to a civil union.
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82 (17) “Notarial officer” means a notary public or other individual authorized under Subchapter II of Chapter 43
83 of Title 29 to perform a notarial act.
84 (22)(18) “Parent” means an individual who has established a parent-child relationship under § 8-201 of this
85 title.
86 (23)(19) “Parent-child relationship” “Parentage” or “parent-child relationship” means the legal relationship
87 between a child and a parent of the child. The term includes the mother-child relationship and the father-child
88 relationship.
89 (24) “Paternity index” means the likelihood of paternity calculated by computing the ratio between:
90 (i) The likelihood that the tested man is the father, based on the genetic markers of the tested man,
91 mother, and child, conditioned on the hypothesis that the tested man is the father of the child; and
92 (ii) The likelihood that the tested man is not the father, based on the genetic markers of the tested man,
93 mother, and child, conditioned on the hypothesis that the tested man is not the father of the child and that the father
94 is of the same ethnic or racial group as the tested man.
95 (25) “Physician” means a person licensed to practice medicine in any or all of its branches in Delaware.
96 (26)(20) “Presumed father” parent” means a man who, by operation of law an individual who, under § 8-204
97 of this title, is recognized as the father presumed to be a parent of a child until that status is rebutted or confirmed in a
98 judicial proceeding. child, unless the presumption is overcome in a judicial proceeding, a valid denial of parentage is
99 made under subchapter III of this chapter, or a court adjudicates the individual to be a parent.
100 (27) “Probability of paternity” means the measure, for the ethnic or racial group to which the alleged father
101 belongs, of the probability that the man in question is the father of the child, compared with a random, unrelated man
102 of the same ethnic or racial group, expressed as a percentage incorporating the paternity index and a prior probability.
103 (28)(21) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic
104 or other medium and is retrievable in perceivable form.
105 (22) “Sign” means, with present intent to authenticate or adopt a record:
106 a. To execute or adopt a tangible symbol; or
107 b. To attach to or logically associate with the record an electronic symbol, sound, or process.
108 (29)(23) “Signatory” means an individual who authenticates a record and is bound by its terms. signs a record.
109 (30)(24) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States
110 Virgin Islands Islands, or any territory or insular possession subject to under the jurisdiction of the United States. The
111 term includes a federally recognized Indian tribe.
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112 (31) “Support-enforcement agency” means a public official or agency authorized to seek:
113 (i) Enforcement of support orders or laws relating to the duty of support;
114 (ii) Establishment or modification of child support;
115 (iii) Determination of parentage; or
116 (iv) Location of child-support obligors and their income and assets.
117 (25) “Transfer” means a procedure for assisted reproduction by which an embryo or sperm is placed in the
118 body of the individual who will give birth to the child.
119 (26) “Witnessed” means that at least one individual who is authorized to sign has signed a record to verify that
120 the individual personally observed a signatory sign the record.
121 Section 3. Amend § 8-103, Title 13 of the Delaware Code by making deletions as shown by strike through and
122 insertions as shown by underline as follows:
123 § 8-103. Scope of chapter; choice of law.
124 (a) This chapter applies to determinations an adjudication or determination of parentage in this State.
125 (b) The court shall apply the law of this State to adjudicate the parent-child relationship. The applicable law does
126 not depend on:
127 (1) The place of birth of the child; or
128 (2) The past or present residence of the child.
129 (c) This chapter does not create, affect, enlarge, or diminish parental rights or duties under other law of this State.
130 State other than this chapter.
131 (d) This chapter authorizes an agreement between a woman and another person, an unmarried couple, or a married
132 couple in which the woman relinquishes all rights as a parent of a child conceived by means of assisted reproduction, and
133 which provides that the person or married or unmarried couple become the parents of the child. If a birth results under such
134 an agreement and the agreement is unenforceable under the law of this State, the parent-child relationship is determined as
135 provided in subchapter II of this chapter. This chapter authorizes a surrogacy agreement as provided in subchapter VIII of
136 this chapter. If a birth results under a surrogacy agreement and the agreement is unenforceable under the law of this State,
137 the parent-child relationship is determined as provided in subchapter VIII of this chapter.
138 Section 4. Amend § 8-104, Title 13 of the Delaware Code by making deletions as shown by strike through and
139 insertions as shown by underline as follows:
140 § 8-104. Court of this State.
141 The Family Court of the State of Delaware is authorized to may adjudicate parentage under this chapter.
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142 Section 5. Amend § 8-105, Title 13 of the Delaware Code by making deletions as shown by strike through and
143 insertions as shown by underline as follows:
144 § 8-105. Protection of participants.
145 (a) Notwithstanding any other law concerning public hearings and records, any hearing or trial under this chapter
146 shall must be held in closed court without admittance of any person other than those necessary to the action or proceeding,
147 unless the court otherwise directs for good cause.
148 (b) Except as provided in § 8-633 of this title, all papers and All records, other than the final judgment, pertaining
149 to the action or proceeding, whether part of the permanent record of the court or of a file in the appropriate public agency or
150 elsewhere, are subject to inspection by persons other than the parties only upon with consent of the court, for good cause.
151 Section 6. Amend § 8-106, Title 13 of the Delaware Code by making deletions as shown by strike through and
152 insertions as shown by underline as follows:
153 § 8-106. Determination of maternity. Determination of maternity and paternity.
154 Provisions of this chapter relating to determination of paternity apply to determinations of maternity. To the extent
155 practicable, a provision of this chapter applicable to a father-child relationship applies to a mother-child relationship and a
156 provision of this chapter applicable to a mother-child relationship applies to a father-child relationship.
157 Section 7. Amend Subchapter I, Chapter 8, Title 13 of the Delaware Code by making deletions as shown by strike
158 through and insertions as shown by underline as follows:
159 § 8-107. Child’s right to determination of parentage.
160 A child has the same rights and protections under law to parentage without regard to the marital status, age,
161 gender, gender identity, or sexual orientation of the child’s parents or the circumstances of the child’s birth, including
162 whether the child was born as a result of gestational or genetic surrogacy under subchapter VIII of this chapter or assisted
163 reproduction.
164 Section 8. Amend § 8-201, Title 13 of the Delaware Code by making deletions as shown by strike through and
165 insertions as shown by underline as follows:
166 § 8-201. Establishment of parent-child relationship.
167 (a) The mother-child relationship is established between a woman and a child by:
168 (1) The woman’s having given birth to the child, unless she is not the intended parent pursuant to a gestational
169 carrier arrangement;
170 (2) An adjudication of the woman’s maternity;
171 (3) Adoption of the child by the woman;
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172 (4) A determination by the court that the woman is a de facto parent of the child; or
173 (5) The woman’s intending to be the mother of a child born pursuant to a gestational carrier arrangement; or
174 (6) The woman’s having consented to assisted reproduction by another woman under subchapter VII of this
175 chapter which resulted in the birth of the child.
176 (b) The father-child relationship is established between a man and a child by:
177 (1) An unrebutted presumption of the man’s paternity of the child under § 8-204 of this title;
178 (2) An effective acknowledgment of paternity by the man under subchapter III of this chapter, unless the
179 acknowledgment has been rescinded or successfully challenged;
180 (3) An adjudication of the man’s paternity;
181 (4) Adoption of the child by the man;
182 (5) The man’s having consented to assisted reproduction by a woman under subchapter VII of this chapter
183 which resulted in the birth of the child; or
184 (6) A determination by the court that the man is a de facto parent of the child
185 (c) De facto parent status is established if the Family Court determines that the de facto parent:
186 (1) Has had the support and consent of the child’s parent or parents who fostered the formation and
187 establishment of a parent-like relationship between the child and the de facto parent;
188 (2) Has exercised parental responsibility for the child as that term is defined in § 1101 of this title; and
189 (3) Has acted in a parental role for a length of time sufficient to have established a bonded and dependent
190 relationship with the child that is parental in nature.
191 A parent-child relationship is established between an individual and a child if:
192 (1) The individual gives birth to the child, except as otherwise provided in subchapter VIII of this chapter;
193 (2) There is a presumption under § 8-204 of this title of the individual’s parentage of the child, unless the
194 presumption is overcome in a judicial proceeding or a valid denial of parentage is made under subchapter III of this
195 chapter;
196 (3) The individual is adjudicated a parent of the child under subchapter VI of this chapter, including as a de
197 facto parent under § 8-609 of this title;
198 (4) The individual adopts the child;
199 (5) The individual acknowledges parentage of the child under subchapter III of this chapter, unless the
200 acknowledgment is rescinded under § 8-307 of this title or successfully challenged under subchapter III or VI of this
201 chapter;
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202 (6) The individual’s parentage of the child is established under subchapter VII of this chapter; or
203 (7) The individual’s parentage of the child is established under subchapter VIII of this chapter.
204 Section 9. Amend § 8-202, Title 13 of the Delaware Code by making deletions as shown by strike through and
205 insertions as shown by underline as follows:
206 § 8-202. No discrimination based on marital status. status of parent.
207 A child born to parents who are not married to each other has the same rights under the law as a child born to
208 parents who are married to each other. A parent-child relationship extends equally to every child and parent, regardless of
209 the marital status of the parent.
210 Section 10. Amend § 8-203, Title 13 of the Delaware Code by making deletions as shown by strike through and
211 insertions as shown by underline as follows:
212 § 8-203. Consequences of establishment of parentage.
213 Unless parental rights are terminated, a parent-child relationship established under this chapter applies for all
214 purposes, except as otherwise specifically provided by other law of this State. State other than this chapter.
215 Section 11. Amend § 8-204, Title 13 of the Delaware Code by making deletions as shown by strike through and
216 insertions as shown by underline as follows:
217 § 8-204. Presumption of paternity in context of marriage. parentage.
218 (a) A man is presumed to be the father of a child if:
219 (1) He and the mother of the child are married to each other and the child is born during the marriage;
220 (2) He and the mother of the child were married to each other and the child is born within 300 days after the
221 marriage is terminated by death, annulment, declaration of invalidity, or divorce;
222 (3) Before the birth of the child, he and the mother of the child married each other in apparent compliance
223 with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid
224 marriage or within 300 days after its termination by death, annulment, declaration of invalidity or divorce;
225 (4) After the birth of the child, he and the mother of the child married each other in apparent compliance with
226 law, whether or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child,
227 and:
228 (i) The assertion is in a record filed with the Office of Vital Statistics;
229 (ii) He agreed to be and is named as the child’s father on the child’s birth certificate; or
230 (iii) He promised in a record to support the child as his own; or
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231 (5) For the first 2 years of the child’s life, he resided in the same household with the child and openly held out
232 the child as his own.
233 (a) An individual is presumed to be a parent of a child if:
234 (1) Except as otherwise provided under subchapter VIII of this chapter or law of this State other than this
235 chapter:
236 a. The individual and the individual who gave birth to the child are married to each other and the child is
237 born during the marriage, whether the marriage is or could be declared invalid;
238 b. The individual and the individual who gave birth to the child were married to each other and the child
239 is born not later than 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or
240 divorce, whether the marriage is or could be declared invalid; or
241 c. The individual and the individual who gave birth to the child married each other after the birth of the
242 child, whether the marriage is or could be declared invalid, the individual at any time asserted parentage of the
243 child, and:
244 1. The assertion is in a record filed with the Office of Vital Statistics; or
245 2. The individual agreed to be and is named as a parent of the child on the birth certificate of the
246 child; or
247 3. The individual agreed in a record to support the child as the individual’s own child; or
248 (2) The individual resided in the same household with the child for the first 2 years of the life of the child,
249 including any period of temporary absence, and openly held out the child as the individual’s child.
250 (b) A presumption of paternity established parentage under this section may be rebutted overcome, and competing
251 claims of parentage may be resolved, only by an adjudication under subchapter VI of this chapter. chapter or a valid denial
252 of parentage under subchapter III of this chapter.
253 Section 12. Amend Subchapter III, Chapter 8, Title 13 of the Delaware Code by making deletions as shown by
254 strike through and insertions as shown by underline as follows:
255 Subchapter III. Voluntary Acknowledgement of Paternity Acknowledgment of Parentage.
256 Section 13. Amend § 8-301, Title 13 of the Delaware Code by making deletions as shown by strike through and
257 insertions as shown by underline as follows:
258 § 8-301. Acknowledgement of paternity. Acknowledgment of parentage.
259 The mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of
260 paternity with intent to establish the man’s paternity. An individual who gave birth to a child and an alleged genetic parent
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261 of the child, parent under subchapter VII of this chapter, or presumed parent may sign an acknowledgment of parentage to
262 establish the parentage of the child.
263 Section 14. Amend § 8-302, Title 13 of the Delaware Code by making deletions as shown by strike through and
264 insertions as shown by underline as follows:
265 § 8-302. Execution of acknowledgment of paternity. parentage.
266 (a) An acknowledgment of paternity must:
267 (1) Be in a record;
268 (2) Be signed, or otherwise authenticated, under penalty of perjury by the mother and by the man seeking to
269 establish the man’s own paternity;
270 (3) State that the child whose paternity is being acknowledged:
271 (i) Does not have a presumed father, or has a presumed father whose full name is stated; and
272 (ii) Does not have another acknowledged or adjudicated father.
273 (4) State whether there has been genetic testing and, if so, that the acknowledging man’s claim of paternity is
274 consistent with the results of the testing; and
275 (5) State that the signatories understand that the acknowledgement is the equivalent of a judicial adjudication
276 of paternity of the child and that a challenge to the acknowledgement is permitted only under limited circumstances
277 and is barred after 2 years.
278 (b) An acknowledgment of paternity is void if it:
279 (1) States that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated
280 by the presumed father is filed with the Office of Vital Statistics;
281 (2) States that another man is an acknowledged or adjudicated father;
282 (3) Falsely denies the existence of a presumed, acknowledged or adjudicated father of the child; or
283 (4) Is signed by the mother or a man seeking to establish the man’s own paternity who is a minor at the time
284 of signing the acknowledgment of paternity.
285 (c) A presumed father may sign or otherwise authenticate an acknowledgment of paternity.
286 (a) An acknowledgment of parentage under § 8-301 of this title must:
287 (1) Be in a record signed by the individual who gave birth to the child and by the individual seeking to
288 establish a parent-child relationship, and the signatures must be attested by a notarial officer;
289 (2) State that the child whose parentage is being acknowledged:
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290 a. Does not have a presumed parent other than the individual seeking to establish the parent-child
291 relationship or has a presumed parent whose full name is stated; and
292 b. Does not have another acknowledged parent, adjudicated parent, or individual who is a parent of the
293 child under subchapter VII or VIII of this chapter other than the individual who gave birth to the child; and
294 (3) State that the signatories understand that the acknowledgment is the equivalent of an adjudication of
295 parentage of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is
296 barred 2 years after the effective date of the acknowledgment.
297 (b) An acknowledgment of parentage is void if, at the time of signing:
298 (1) An individual, other than the individual seeking to establish parentage, is a presumed parent, unless a
299 denial of parentage by the presumed parent in a signed record is filed with the Office of Vital Statistics;
300 (2) An individual, other than the individual who gave birth to the child or the individual seeking to establish
301 parentage, is an acknowledged or adjudicated parent or a parent under subchapter VII or VIII of this chapter; or
302 (3) The individual who gave birth to the child or the individual seeking to establish parentage is a minor.
303 Section 15. Amend § 8-303, Title 13 of the Delaware Code by making deletions as shown by strike through and
304 insertions as shown by underline as follows:
305 § 8-303. Denial of paternity. parentage.
306 A presumed father may sign a denial of paternity. The denial is valid only if:
307 (1) An acknowledgment of paternity signed, or otherwise authenticated, by another man is filed pursuant to § 8-
308 305 of this title;
309 (2) The denial is in a record, and is signed, or otherwise authenticated, under penalty of perjury; and
310 (3) The presumed father has not previously:
311 (i) Acknowledged paternity, unless the previous acknowledgment has been rescinded pursuant to § 8-307 of
312 this title or successfully challenged pursuant to § 8-308 of this title; or
313 (ii) Been adjudicated to be the father of the child.
314 A presumed parent may sign a denial of parentage in a record. The denial of parentage is valid only if:
315 (1) An acknowledgment of parentage by another individual is filed under § 8-305 of this title;
316 (2) The signature of the presumed parent is attested by a notarial officer; and
317 (3) The presumed parent has not previously:
318 a. Completed a valid acknowledgment of parentage, unless the previous acknowledgment was rescinded
319 under § 8-307 of this title or challenged successfully under § 8-308 of this title; or
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320 b. Been adjudicated to be a parent of the child.
321 Section 16. Amend § 8-304, Title 13 of the Delaware Code by making deletions as shown by strike through and
322 insertions as shown by underline as follows:
323 § 8-304. Rules for acknowledgement and acknowledgment or denial of paternity. parentage.
324 (a) An acknowledgment of paternity parentage and a denial of paternity parentage may be contained in a single
325 document or may be signed in counterparts, in counterparts and may be filed with the Office of Vital Statistics separately or
326 simultaneously. If filing of the acknowledgment and denial are both necessary, required under this chapter, neither is valid
327 effective until both are filed.
328 (b) An acknowledgment of paternity parentage or a denial of paternity parentage may be signed before or after the
329 birth of the child.
330 (c) Subject to subsection (a) of this section, an acknowledgment of paternity parentage or denial of paternity
331 parentage takes effect on the birth of the child or the filing of the document with the Office of Vital Statistics, whichever
332 occurs later.
333 (d) [Repealed.]
334 Section 17. Amend § 8-305, Title 13 of the Delaware Code by making deletions as shown by strike through and
335 insertions as shown by underline as follows:
336 § 8-305. Effect of acknowledgement acknowledgment or denial of paternity. parentage.
337 (a) Except as otherwise provided in §§ 8-307 and 8-308 of this title, a valid an acknowledgment of paternity
338 parentage that complies with this subchapter and is filed with the Office of Vital Statistics is equivalent to an adjudication
339 of paternity of a parentage of the child and confers upon on the acknowledged father parent all of the rights and duties of a
340 parent.
341 (b) Except as otherwise provided in §§ 8-307 and 8-308 of this title, a valid denial of paternity parentage by a
342 presumed father parent that complies with this subchapter and is filed with the Office of Vital Statistics in conjunction with
343 a valid acknowledgment of paternity an acknowledgment of parentage that complies with this subchapter is equivalent to an
344 adjudication of the nonpaternity nonparentage of the presumed father parent and discharges the presumed father parent
345 from all rights and duties of a parent.
346 Section 18. Amend § 8-306, Title 13 of the Delaware Code by making deletions as shown by strike through and
347 insertions as shown by underline as follows:
348 § 8-306. No filing fee.
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349 The Office of Vital Statistics may not charge a fee for filing an acknowledgment of paternity parentage or denial
350 of paternity. parentage.
351 Section 19. Amend § 8-307, Title 13 of the Delaware Code by making deletions as shown by strike through and
352 insertions as shown by underline as follows:
353 § 8-307. Proceeding for rescission.
354 (a) A signatory may rescind an acknowledgment of paternity parentage or denial of paternity parentage by
355 commencing a proceeding to rescind before the earlier of:
356 (1) Sixty days after the effective date under § 8-304 of this title of the acknowledgment or denial, as provided
357 in § 8-304; denial; or
358 (2) The date of the first hearing, in a proceeding to which the signatory is a party, hearing before a court in a
359 proceeding, to which the signatory is party, to adjudicate an issue relating to the child, including a proceeding that
360 establishes support.
361 (b) If an acknowledgment of parentage is rescinded under subsection (a) of this section, an associated denial of
362 parentage is invalid, and the Office of Vital Statistics shall notify the individual who gave birth to the child and the
363 individual who signed a denial of parentage of the child that the acknowledgment has been rescinded. Failure to give the
364 notice required by this subsection does not affect the validity of the rescission.
365 Section 20. Amend § 8-308, Title 13 of the Delaware Code by making deletions as shown by strike through and
366 insertions as shown by underline as follows:
367 § 8-308. Challenge after expiration of period for rescission.
368 (a) After the period for rescission under § 8-307 of this title has expired, expires, but not later than 2 years after
369 the effective date under § 8-304 of this title of an acknowledgment of parentage or denial of parentage, a signatory of an the
370 acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or
371 denial only: denial only on the basis of fraud, duress, or material mistake of fact.
372 (1) On the basis of fraud, duress, or material mistake of fact; and
373 (2) Within 2 years after the acknowledgment or denial is filed with the Office of Vital Statistics.
374 (b) A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof. A challenge
375 to an acknowledgment of parentage or denial of parentage by an individual who was not a signatory to the acknowledgment
376 or denial is governed by § 8-610 of this title.
377 Section 21. Amend § 8-309, Title 13 of the Delaware Code by making deletions as shown by strike through and
378 insertions as shown by underline as follows:
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379 § 8-309. Procedure for rescission or challenge. rescission or challenge by signatory.
380 (a) Every signatory to an acknowledgment of paternity parentage and any related denial of paternity parentage
381 must be made a party to a proceeding to rescind or challenge the acknowledgment or denial.
382 (b) For the purpose of rescission of, or challenge to, an acknowledgment of paternity or denial of paternity, By
383 signing an acknowledgment of parentage or denial of parentage a signatory submits to personal jurisdiction of in this State
384 by signing the acknowledgment or denial, in a proceeding to rescind or challenge the acknowledgment or denial, effective
385 upon on the filing of the document acknowledgment or denial with the Office of Vital Statistics.
386 (c) Except for good cause shown, during the pendency of a proceeding to rescind or challenge an acknowledgment
387 of paternity or denial of paternity, the The court may not suspend the legal responsibilities of a signatory arising from the
388 acknowledgment, an acknowledgment of parentage, including the duty to pay child support. support, during the pendency
389 of a proceeding to rescind or challenge the acknowledgment or a related denial of parentage, unless the party challenging
390 the acknowledgment or denial shows good cause.
391 (d) A proceeding to rescind or to challenge an acknowledgment of paternity or denial of paternity must be
392 conducted in the same manner as a proceeding to adjudicate parentage under subchapter VI of this chapter. A party seeking
393 to rescind or challenge an acknowledge of parentage or denial of parentage has the burden of proof.
394 (e) At the conclusion of a proceeding to rescind or challenge an acknowledgment of paternity or denial of
395 paternity, If the court determines that a party has satisfied the burden of proof under subsection (d) of this section, the court
396 shall order the Office of Vital Statistics to amend the birth record of the child, if appropriate. child to reflect the legal
397 parentage of the child.
398 (f) A proceeding to rescind or challenge an acknowledgment of parentage or denial of parentage must be
399 conducted under subchapter VI of this chapter.
400 Section 22. Amend § 8-310, Title 13 of the Delaware Code by making deletions as shown by strike through and
401 insertions as shown by underline as follows:
402 § 8-310. Ratification barred.
403 A court or administrative agency conducting a judicial proceeding or an administrative agency conducting an
404 administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of paternity. parentage.
405 Section 23. Amend § 8-311, Title 13 of the Delaware Code by making deletions as shown by strike through and
406 insertions as shown by underline as follows:
407 § 8-311. Full faith and credit.
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408 A court of this State shall give full faith and credit to an acknowledgment of paternity parentage or denial of
409 paternity parentage effective in another state if the acknowledgment or denial has been signed was in a signed record and is
410 otherwise in compliance with the law of the other state.
411 Section 24. Amend § 8-312, Title 13 of the Delaware Code by making deletions as shown by strike through and
412 insertions as shown by underline as follows:
413 § 8-312. Forms for acknowledgement acknowledgment and denial of paternity. parentage.
414 (a) To facilitate compliance with this subchapter, the The Division of Child Support Services shall prescribe forms
415 for the an acknowledgment of paternity parentage and the denial of paternity. parentage.
416 (b) A valid acknowledgment of paternity parentage or denial of paternity parentage is not affected by a later
417 modification of the prescribed form. form under subsection (a) of this section.
418 Section 25. Amend § 8-313, Title 13 of the Delaware Code by making deletions as shown by strike through and
419 insertions as shown by underline as follows:
420 § 8-313. Release of information.
421 The Division of Child Support Services may release information relating to the acknowledgment of paternity
422 parentage or denial of paternity parentage to a signatory of the acknowledgment or denial and to courts and agencies
423 authorized by other law of this State or another state to receive the information of this or another state. denial, a court,
424 federal agency, and child support agency of this State or another state.
425 Section 26. Amend § 8-314, Title 13 of the Delaware Code by making deletions as shown by strike through and
426 insertions as shown by underline as follows:
427 § 8-314. Adoption of rules.
428 The Division of Child Support Services may adopt rules under Chapter 101 of Title 29 to implement this
429 subchapter.
430 Section 27. Amend § 8-402, Title 13 of the Delaware Code by making deletions as shown by strike through and
431 insertions as shown by underline as follows:
432 § 8-402. Registration for notification.
433 (a) Except as otherwise provided in subsection (b) of § 8-405 of this title, a man who desires to be notified of a
434 proceeding for adoption of, or termination of parental rights regarding, a child that he may have fathered the man’s genetic
435 child must register in the registry of paternity established by § 8-401 of this title before the birth of the child or within not
436 later than 30 days after the birth of the child. birth.
437 (b) A man is not required to register under subsection (a) of this section if:
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438 (1) A father-child parent-child relationship between the man and the child has been established under this
439 chapter or other law; the law of this State other than this chapter; or
440 (2) The man commences a proceeding to adjudicate his paternity the man’s parentage before the a court has
441 terminated his the man’s parental rights.
442 (c) A registrant A man who registers under subsection (a) of this section shall promptly notify the registry
443 promptly in a record of any change in the information registered. The Office of Vital Statistics shall incorporate all new
444 information received into its the Office’s records but need not affirmatively seek to obtain current information for
445 incorporation in the registry.
446 Section 28. Amend § 8-403, Title 13 of the Delaware Code by making deletions as shown by strike through and
447 insertions as shown by underline as follows:
448 § 8-403. Notice of proceeding.
449 (a) Notice of a proceeding for the adoption of, or termination of parental rights regarding, a child must be given to
450 a registrant who has timely registered. An individual who seeks to adopt a child or terminate parental rights to the child
451 shall give notice of the proceeding to a man who has registered timely under § 8-402(a) of this title regarding the child.
452 (b) Notice must be given in a manner prescribed for service of process in a civil action. proceeding in this State.
453 Section 29. Amend § 8-404, Title 13 of the Delaware Code by making deletions as shown by strike through and
454 insertions as shown by underline as follows:
455 § 8-404. Termination of parental rights; child under 1 year of age.
456 The parental rights of a man who may be the father of a child may be terminated without notice if: An individual
457 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
458 who may be the genetic father of the child if:
459 (1) The child has not attained is under 1 year of age at the time of the termination of parental rights;
460 (2) The man did not register timely with the Office of Vital Statistics; Statistics under § 8-402(a) of this title;
461 and
462 (3) The man is not exempt from registration under § 8-402 § 8-402(b) of this title.
463 Section 30. Amend § 8-405, Title 13 of the Delaware Code by making deletions as shown by strike through and
464 insertions as shown by underline as follows:
465 § 8-405. Termination of parental rights; child at least 1 year of age.
466 (a) If a child has attained is at least 1 year of age, notice of a proceeding for adoption of, or termination of parental
467 rights regarding the child must be given to every alleged father of the child, whether or not he has registered with the Office
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468 of Vital Statistics. an individual seeking to adopt or terminate parental rights to the child shall give notice of the proceeding
469 to each alleged genetic father of the child, whether or not the alleged genetic father has registered under § 8-402(a) of this
470 title unless the alleged genetic father’s parental rights have already been terminated.
471 (b) Notice must be given in a manner prescribed for service of process in a civil action. proceeding in this State.
472 Section 31. Amend § 8-411, Title 13 of the Delaware Code by making deletions as shown by strike through and
473 insertions as shown by underline as follows:
474 § 8-411. § 8-406. Required form.
475 (a) The Office of Vital Statistics shall prepare prescribe a form for registering with the agency. under § 8-402(a) of
476 this title. The form must require the signature of the registrant. The form must state that the form is signed under penalty of
477 perjury. The form must also state that:
478 (1) The man who registers signs the form under penalty of perjury.
479 (1)(2) A timely Timely registration entitles the registrant man who registers to notice of a proceeding for
480 adoption of the child or termination of the registrant’s man’s parental rights;
481 (2)(3) A timely Timely registration does not commence a proceeding to establish paternity; parentage;
482 (3)(4) The information disclosed on the form may be used against the registrant man to establish paternity;
483 parentage;
484 (4)(5) Services to assist in establishing paternity parentage are available to the registrant man who registers
485 through the support-enforcement child-support agency;
486 (5)(6) The registrant should also man who registers also may register in a registry of paternity in another State
487 state if conception or birth of the child occurred in the other State; state.
488 (6)(7) Information on registries of paternity of other States states is available from the Office of Vital
489 Statistics and the support-enforcement child-support agency; and
490 (7)(8) Procedures exist to rescind the registration of a claim of paternity. registration.
491 (b) A man who registers under § 8-402(a) of this title shall sign the form described in subsection (a) of this section
492 under penalty of perjury.
493 Section 32. Amend § 8-412, Title 13 of the Delaware Code by making deletions as shown by strike through and
494 insertions as shown by underline as follows:
495 § 8-412. § 8-407. Furnishing of information; confidentiality.
496 (a) The Office of Vital Statistics need not seek to locate the mother of a child is not required to seek to locate the
497 individual who gave birth to the child who is the subject of a registration, registration under § 8-402(a) of this title, but the
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498 Office of Vital Statistics shall send a copy of the give notice of the registration to a mother if she has provided an address.
499 that individual if the Office of Vital Statistics has that individual’s address.
500 (b) Information contained in the registry established by § 8-401 of this title is confidential and may be released on
501 request only to:
502 (1) A court or a person an individual designated by the court;
503 (2) The mother of the child individual who gave birth to the child who is the subject of the registration;
504 (3) An agency authorized by other law law of this State other than this chapter, law of another state, or federal
505 law to receive the information;
506 (4) A licensed child-placing agency;
507 (5) A support-enforcement child-support agency;
508 (6) A party or the party’s attorney of record in a proceeding under this chapter or in a proceeding for adoption
509 of, or for termination of to adopt or to terminate parental rights regarding, a to the child who is the subject of the
510 registration; and
511 (7) The A registry of paternity in another state.
512 Section 33. Part 2, Subchapter IV, Chapter 8, Title 13 of the Delaware Code by making deletions as shown by
513 strike through and insertions as shown by underline as follows:
514 § 8-408. Penalty for releasing information.
515 (a) An individual may not intentionally release information from the registry established by § 8-401 of this title to
516 an individual or agency not authorized under § 8-407(b) of this title to receive the information.
517 (b) A violation of this section is a class A misdemeanor.
518 (c) The Superior Court has exclusive jurisdiction over a violation of this section.
519 Section 34. Amend § 8-413, Title 13 of the Delaware Code by making deletions as shown by strike through and
520 insertions as shown by underline as follows:
521 § 8-413. § 8-409. Rescission of registration.
522 A registrant A man who registers under § 8-402(a) of this title may rescind registration at any time by sending to
523 filing with the registry established by § 8-401 of this title a rescission in a signed record signed or otherwise authenticated
524 by the registrant, and witnessed or notarized. that is attested by a notarial officer or witnessed.
525 Section 35. Amend § 8-414, Title 13 of the Delaware Code by making deletions as shown by strike through and
526 insertions as shown by underline as follows:
527 § 8-414. § 8-410. Untimely registration.
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528 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
529 Statistics shall notify the registrant that on its face his registration man that, based on a review of the registration, the
530 registration was not filed timely.
531 Section 36. Amend § 8-415, Title 13 of the Delaware Code by making deletions as shown by strike through and
532 insertions as shown by underline as follows:
533 § 8-415. § 8-411. Fees for registry.
534 (a) A fee The Office of Vital Statistics may not be charged charge a fee for filing a registration under § 8-402(a) of
535 this title or a rescission of registration. registration under § 8-409 of this title.
536 (b) Except as otherwise provided in subsection (c) of this section, the Office of Vital Statistics may charge a
537 reasonable fee for making a search of the registry and for furnishing a certificate. to search the registry established by § 8-
538 401 of this title and for furnishing a certificate of search under § 8-414 of this title.
539 (c) A support-enforcement child-support agency and an agency other appropriate agencies of the State of Delaware
540 this State, if any, are not required to pay a fee authorized by subsection (b) of this section.
541 Section 37. Part 3, Subchapter IV, Chapter 8, Title 13 of the Delaware Code by making deletions as shown by
542 strike through and insertions as shown by underline as follows:
543 § 8-412. Child born through assisted reproduction; search of registry inapplicable.
544 This Part does not apply to a child born through assisted reproduction.
545 Section 38. Amend § 8-421, Title 13 of the Delaware Code by making deletions as shown by strike through and
546 insertions as shown by underline as follows:
547 § 8-421. § 8-413. Search of appropriate registry.
548 (a) If a father-child parent-child relationship has not been established under this chapter for a child under 1 year of
549 age, a petitioner for adoption of, or termination of parental rights regarding, the child must obtain a certificate of search of
550 the registry of paternity. between a child who is under 1 year of age and an individual other than the individual who gave
551 birth to the child:
552 (1) An individual seeking to adopt or terminate parental rights to the child shall obtain a certificate of search
553 under § 8-414 of this title to determine if a registration has been filed in the registry established by § 8-401 of this title
554 regarding the child; and
555 (b)(2) If a petitioner for adoption of, or termination of parental rights regarding, a child the individual has
556 reason to believe that the conception or birth of the child may have occurred in another state, the petitioner must also
557 individual shall obtain a certificate of search from the registry of paternity, registry, if any, in that state.
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558 Section 39. Amend § 8-422, Title 13 of the Delaware Code by making deletions as shown by strike through and
559 insertions as shown by underline as follows:
560 § 8-422. § 8-414. Certificate of search of registry.
561 (a) The Office of Vital Statistics shall furnish to the requester a certificate of search of the registry established by §
562 8-401 of this title on request of to an individual, court court, or agency identified in § 8-412 of this title. 8-407(b) of this
563 title or an individual required under § 8-413(1) of this title to obtain a certificate.
564 (b) A certificate provided by the Office of Vital Statistics furnished under subsection (a) of this section:
565 (1) must Must be signed on behalf of the Office and State of Vital Statistics and state that:
566 (1) a. A search has been made of the registry; and
567 (2) b. A registration under § 8-402(a) of this title containing the information required to identify the
568 registrant: man who registered under § 8-402(a) of this title:
569 (i) 1. Has been found and is attached to the certificate of search; found; or
570 (ii) 2. Has not been found. found; and
571 (2) If paragraph (b)(1)b.1. of this section applies, must have a copy of the registration attached.
572 (c) A petitioner must file the certificate of search with the court before a proceeding for adoption of, or termination
573 of parental rights regarding, a child may be concluded. An individual seeking to adopt or terminate parental rights to a child
574 must file with the court the certificate of search furnished under subsection (a) of this section and § 8-413(2) of this title, if
575 applicable, before a proceeding to adopt or terminate parental rights to the child may be concluded.
576 Section 40. Amend § 8-423, Title 13 of the Delaware Code by making deletions as shown by strike through and
577 insertions as shown by underline as follows:
578 § 8-423. § 8-415. Admissibility of registered information.
579 A certificate of search of the a registry of paternity in this or another state is admissible in a proceeding for
580 adoption of, or termination of of, parental rights regarding, to a child and, if relevant, in other legal proceedings.
581 Section 41. Amend Subchapter V, Chapter 8, Title 13 of the Delaware Code by making deletions as shown by
582 strike through and insertions as shown by underline as follows:
583 § 8-501. Definitions.
584 In this subchapter:
585 (1) “Combined relationship index” means the product of all tested relationship indices.
586 (2) “Ethnic or racial group” means, for the purpose of genetic testing, a recognized group that an individual
587 identifies as the individual’s ancestry or part of the ancestry or that is identified by other information.
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588 (3) “Hypothesized genetic relationship” means an asserted genetic relationship between an individual and a
589 child.
590 (4) “Probability of parentage” means, for the ethnic or racial group to which an individual alleged to be a
591 parent belongs, the probability that a hypothesized genetic relationship is supported, compared to the probability that a
592 genetic relationship is supported between the child and a random individual of the ethnic or racial group used in the
593 hypothesized genetic relationship, expressed as a percentage incorporating the combined relationship index and a prior
594 probability.
595 (5) “Relationship index” means a likelihood ratio that compares the probability of a genetic marker given a
596 hypothesized genetic relationship and the probability of the genetic marker given a genetic relationship between the
597 child and a random individual of the ethnic or racial group used in the hypothesized genetic relationship.
598 Section 42. Amend § 8-501, Title 13 of the Delaware Code by making deletions as shown by strike through and
599 insertions as shown by underline as follows:
600 § 8-501. 8-502. Scope of article. subchapter; limitation on use of genetic testing.
601 (a) This subchapter governs genetic testing of an individual to determine in a proceeding to adjudicate parentage,
602 whether the individual:
603 (1) Voluntarily submits to testing; or
604 (2) Is tested pursuant to under an order of the court or a support-enforcement child-support agency.
605 (b) Genetic testing may not be used:
606 (1) To challenge the parentage of an individual who is a parent under subchapter VII or VIII of this chapter; or
607 (2) To establish the parentage of an individual who is a donor.
608 Section 43. Amend § 8-502, Title 13 of the Delaware Code by making deletions as shown by strike through and
609 insertions as shown by underline as follows:
610 § 8-502. § 8-503. Order for testing. Authority to order or deny genetic testing.
611 (a) Except as otherwise provided in this subchapter and subchapter VII subchapter VI of this chapter, in a
612 proceeding under this chapter to determine parentage, the court shall order the child and other designated individuals any
613 other individual to submit to genetic testing if the a request for testing is supported by the sworn statement of a party to the
614 proceeding: party:
615 (1) Alleging paternity and stating facts establishing a reasonable probability of the requisite sexual contact
616 between the individuals; or a reasonable possibility that the individual is the child’s genetic parent; or
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617 (2) Denying paternity genetic parentage of the child and stating facts establishing a reasonable possibility that
618 sexual contact between the individuals, if any, did not result in the conception of the child. the individual is not a
619 genetic parent.
620 (b) A support-enforcement child-support agency may order genetic testing only if there is no presumed,
621 acknowledged, or adjudicated father. parent of a child other than the individual who gave birth to the child.
622 (c) If a request for genetic testing of a child is made before birth, the The court or support-enforcement child-
623 support agency may not order in-utero in utero genetic testing.
624 (d) If 2 or more men individuals are subject to court-ordered genetic testing, the court may order that testing may
625 be ordered be completed concurrently or sequentially.
626 (e) Genetic testing of an individual who gave birth to a child is not a condition precedent to testing of the child and
627 an individual whose genetic parentage of the child is being determined. If the individual who gave birth to a child is
628 unavailable or declines to submit to genetic testing, the court may order genetic testing of the child and each individual
629 whose genetic parentage of the child is being adjudicated.
630 (f) In a proceeding to adjudicate the parentage of a child having a presumed parent or an individual who claims to
631 be a parent under § 8-609 of this title, or to challenge an acknowledgment of parentage, the court may deny a motion for
632 genetic testing of the child and any other individual after considering the factors in § 8-613(a) and (b) of this title.
633 (g) If an individual requesting genetic testing is barred under subchapter VI of this chapter from establishing the
634 individual’s parentage, the court shall deny the request for genetic testing.
635 (h) An order under this section for genetic testing is enforceable by contempt.
636 Section 44. Amend § 8-503, Title 13 of the Delaware Code by making deletions as shown by strike through and
637 insertions as shown by underline as follows:
638 § 8-503. 8-504. Requirements for genetic testing.
639 (a) Genetic testing must be of a type reasonably relied upon on by experts in the field of genetic testing and
640 performed in a testing laboratory accredited by:
641 (1) The AABB, formerly known as the American Association of Blood Banks, or a successor to its the
642 AABB’s functions; or
643 (2) The American Society for Histocompatibility and Immunogenetics, or a successor to its functions; or
644 (3) (2) An accrediting body designated by the federal Secretary of the United States Department of Health and
645 Human Services.
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646 (b) A specimen used in genetic testing may consist of one or more samples, or a combination or samples, a sample
647 or a combination of samples of blood, buccal cells, bone, hair hair, or other body tissue or fluid. The specimen used in the
648 testing need not be of the same kind for each individual undergoing genetic testing.
649 (c) Based on the ethnic or racial group of an individual, the individual undergoing genetic testing, a testing
650 laboratory shall determine the databases from which to select frequencies for use in calculation of the probability of
651 paternity. calculating a relationship index. If there is disagreement as to the testing an individual or a child-support agency
652 objects to the laboratory’s choice, the following rules apply:
653 (1) The individual objecting may require the testing laboratory, within 30 days after receipt of the report of the
654 test, to recalculate the probability of paternity Not later than 30 days after receipt of the report of the test, the objecting
655 individual or child support agency may request the court to require the laboratory to recalculate the relationship index
656 using an ethnic or racial group different from that used by the laboratory.
657 (2) The individual or child-support agency objecting to the testing laboratory’s initial choice under this
658 subsection shall:
659 (i)a. If the requested frequencies are not available to the testing laboratory for the ethnic or racial group
660 requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or
661 (ii)b. Engage another testing laboratory to perform the calculations.
662 (3) The testing laboratory may use its the laboratory’s own statistical estimate if there is a question regarding
663 as to which ethnic or racial group is appropriate. If available, the testing The laboratory shall calculate the frequencies
664 using statistics statistics, if possible, for any other ethnic or racial group requested.
665 (d) If, after recalculation of the relationship index under subsection (c) of this section using a different ethnic or
666 racial group, genetic testing under § 8-506 of this title does not rebuttably identify a man as the father of a child under § 8-
667 505 of this title, identify an individual as a genetic parent of a child, the court may require an individual who has been
668 tested may be required to submit to additional genetic testing. testing to identify a genetic parent.
669 Section 45. Amend § 8-504, Title 13 of the Delaware Code by making deletions as shown by strike through and
670 insertions as shown by underline as follows:
671 § 8-504. 8-505. Report of genetic testing.
672 (a) A report of genetic testing must be in a record and signed under penalty of perjury by a designee of the testing
673 laboratory. A report made under complying with the requirements of this subchapter is self-authenticating.
674 (b) Documentation from the a testing laboratory of the following information is sufficient to establish a reliable
675 chain of custody that and allows the results of genetic testing to be admissible without testimony:
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676 (1) The names and photographs of the individuals whose specimens have name and photograph of each
677 individual whose specimen has been taken;
678 (2) The names of the individuals who collected the specimens; name of the individual who collected each
679 specimen;
680 (3) The places and dates the specimens were place and date each specimen was collected;
681 (4) The names of the individuals name of the individual who received the specimens each specimen in the
682 testing laboratory; and
683 (5) The dates the specimens were date each specimen was received.
684 Section 46. Amend § 8-505, Title 13 of the Delaware Code by making deletions as shown by strike through and
685 insertions as shown by underline as follows:
686 § 8-505. 8-506. Genetic testing results; rebuttal. challenge to results.
687 (a) Under this chapter, a man is rebuttably identified as the father of a child if the Subject to a challenge under
688 subsection (b) of this section, an individual is identified under this chapter as a genetic parent of a child if genetic testing
689 complies with this subchapter and the results disclose that: of the testing disclose:
690 (1) The man individual has at least a 99 percent probability of paternity, parentage, using a prior probability of
691 0.50, as calculated by using the combined paternity relationship index obtained in the testing; and
692 (2) A combined paternity relationship index of at least 100 to 1.
693 (b) A man An individual identified under subsection (a) of this section as the father a genetic parent of the child
694 may rebut challenge the genetic testing results only by other genetic testing satisfying the requirements of this subchapter
695 which:
696 (1) Excludes the man individual as a genetic father parent of the child; or
697 (2) Identifies another man as the possible father of the child. individual as a possible genetic parent of the
698 child other than:
699 a. The individual who gave birth to the child; or
700 b. The individual identified under subsection (a) of this section.
701 (c) Except as otherwise provided in § 8-510 8-511 of this title, if more than 1 man individual other than the
702 individual who gave birth is identified by genetic testing as the possible father a possible genetic parent of the child, the
703 court shall order them each individual to submit to further genetic testing to identify the genetic father. a genetic parent.
704 Section 47. Amend § 8-506, Title 13 of the Delaware Code by making deletions as shown by strike through and
705 insertions as shown by underline as follows:
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706 § 8-506. 8-507. Costs of genetic testing.
707 (a) Subject to assessment of costs fees under subchapter VI of this chapter, payment of the cost of initial genetic
708 testing must be advanced: be made in advance:
709 (1) By a support-enforcement child-support agency in a proceeding in which the support-enforcement child-
710 support agency is providing services;
711 (2) By the individual who made the request; request for genetic testing;
712 (3) As agreed by the parties; or
713 (4) As ordered by the court.
714 (b) In cases in which If the cost is advanced by the support-enforcement of genetic testing is paid by a child-
715 support agency, the agency may seek reimbursement from a man who is rebuttably identified as the father. the genetic
716 parent whose parent-child relationship is established.
717 Section 48. Amend § 8-507, Title 13 of the Delaware Code by making deletions as shown by strike through and
718 insertions as shown by underline as follows:
719 § 8-507. 8-508. Additional genetic testing.
720 The Court or the support-enforcement child-support agency shall order additional genetic testing upon the on
721 request of a party an individual who contests the result of the original testing. initial testing under § 8-506 of this title. If the
722 previous initial genetic testing under § 8-506 of this title identified a man as the father of the child under § 8-505 of this
723 title, an individual as a genetic parent of the child, the court or agency may not order additional testing unless the party
724 provides advance payment for the testing. contesting individual pays for the testing in advance.
725 Section 49. Amend § 8-508, Title 13 of the Delaware Code by making deletions as shown by strike through and
726 insertions as shown by underline as follows:
727 § 8-508. 8-509. Genetic testing when specimen is not available.
728 (a) Subject to subsection (b) of this section, if a genetic-testing specimen is not available from a man who may be
729 the father of a child, for good cause and under circumstances the court considers to be just, an alleged genetic parent of a
730 child, for good cause and under circumstances the court considers to be just, the court may order any of the following
731 individuals to submit specimens for genetic testing:
732 (1) The parents of the man; A parent of the alleged genetic parent;
733 (2) Brothers and sisters of the man; A sibling of the alleged genetic parent;
734 (3) Other children of the man and their mothers; and Another child of the alleged genetic parent and the
735 individual who gave birth to the other child; and
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736 (4) Other relatives of the man Another relative of the alleged genetic parent necessary to complete genetic
737 testing.
738 (b) Issuance of an order under this section requires a finding To issue an order under this section, the court must
739 find that a need for genetic testing outweighs the legitimate interests of the individual sought to be tested.
740 Section 50. Amend § 8-509, Title 13 of the Delaware Code by making deletions as shown by strike through and
741 insertions as shown by underline as follows:
742 § 8-509. 8-510. Deceased individual.
743 For good cause shown, If an individual seeking genetic testing demonstrates good cause, the court may order
744 genetic testing of a deceased individual.
745 Section 51. Amend § 8-510, Title 13 of the Delaware Code by making deletions as shown by strike through and
746 insertions as shown by underline as follows:
747 § 8-510. 8-511. Identical brothers. siblings.
748 (a) The If the court finds there is reason to believe that an alleged genetic parent has an identical sibling and
749 evidence that the sibling may be a genetic parent of the child, the court may order genetic testing of a brother of a man
750 identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that
751 the brother may be the genetic father of the child. the sibling.
752 (b) If each brother satisfies the requirements as the identified father of the child under § 8-505 of this title without
753 consideration of another identical brother being identified as the father of the child, If more than one sibling is identified
754 under§ 8-506 of this title as a genetic parent of the child, the court may rely on nongenetic evidence to adjudicate which
755 brother is the father of the child. sibling is a genetic parent of the child.
756 Section 52. Amend Subchapter V, Chapter 8, Title 13 of the Delaware Code by making deletions as shown by
757 strike through and insertions as shown by underline as follows:
758 § 8-512. Confidentiality of genetic testing.
759 (a) Release of a report of genetic testing for parentage is controlled by law of this State other than this chapter.
760 (b) An individual may not intentionally release an identifiable specimen of another individual collected for genetic
761 testing under this subchapter for a purpose not relevant to a proceeding regarding parentage, without a court order or
762 written permission of the individual who furnished the specimen.
763 (c) A violation of this section is a class A misdemeanor.
764 (d) The Superior Court has exclusive jurisdiction over a violation of this section.
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765 Section 53. Amend § 8-601, Title 13 of the Delaware Code by making deletions as shown by strike through and
766 insertions as shown by underline as follows:
767 § 8-601. Proceeding authorized.
768 A civil proceeding may be maintained commenced to adjudicate the parentage of a child. The Except as otherwise
769 provided in this chapter, the proceeding is governed by the Family Court Rules of Civil Procedure.
770 Section 54. Amend § 8-602, Title 13 of the Delaware Code by making deletions as shown by strike through and
771 insertions as shown by underline as follows:
772 § 8-602. Standing to maintain proceeding.
773 Subject to Except as otherwise provided in subchapter III of this chapter and §§ 8-607 and 8-609 8-608 through 8-
774 611 of this title, a proceeding to adjudicate parentage may be maintained by:
775 (1) The child;
776 (2) The mother of the child; individual who gave birth to the child, unless a court has adjudicated that the
777 individual is not a parent;
778 (3) An individual who is a parent of the child under this chapter;
779 (3)(4) A man whose paternity An individual whose parentage of the child is to be adjudicated;
780 (4)(5) The support-enforcement A child-support agency;
781 (5)(6) An authorized adoption agency authorized by law of this State other than this chapter or licensed child-
782 placing agency; or
783 (6)(7) A representative authorized by law of this State other than this chapter to act for an individual who
784 otherwise would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor.
785 Section 55. Amend § 8-603, Title 13 of the Delaware Code by making deletions as shown by strike through and
786 insertions as shown by underline as follows:
787 § 8-603. Parties to proceeding. Notice of proceeding.
788 The following individuals must be joined as parties in a proceeding to adjudicate parentage:
789 (1) The mother of the child; and
790 (2) A man whose paternity of the child is to be adjudicated.
791 (a) The petitioner shall give notice of a proceeding to adjudicate parentage to the following individuals:
792 (1) The individual who gave birth to the child, unless a court has adjudicated that the individual is not a
793 parent;
794 (2) An individual who is a parent of the child under this chapter;
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795 (3) A presumed, acknowledged, or adjudicated parent of the child; and
796 (4) An individual whose parentage of the child is to be adjudicated.
797 (b) An individual entitled to notice under subsection (a) of this section has a right to intervene in the proceeding.
798 (c) Lack of notice required by subsection (a) of this section does not render a judgment void. Lack of notice does
799 not preclude an individual entitled to notice under subsection (a) of this section from bringing a proceeding under § 8-
800 611(b) of this title.
801 Section 56. Amend § 8-604, Title 13 of the Delaware Code by making deletions as shown by strike through and
802 insertions as shown by underline as follows:
803 § 8-604. Personal jurisdiction.
804 (a) An individual may not be adjudicated to be a parent unless The court may adjudicate an individual’s parentage
805 of a child only if the court has personal jurisdiction over the individual.
806 (b) A court of this State having with jurisdiction to adjudicate parentage may exercise personal jurisdiction over a
807 nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in § 610 § 6-201 of this
808 title are fulfilled. satisfied.
809 (c) Lack of jurisdiction over one individual does not preclude the court from making an adjudication of parentage
810 binding on another individual over whom the court has personal jurisdiction. individual.
811 Section 57. Amend § 8-605, Title 13 of the Delaware Code by making deletions as shown by strike through and
812 insertions as shown by underline as follows:
813 § 8-605. Venue.
814 Venue for a proceeding to adjudicate parentage is in the county of this State in which:
815 (1) The child resides or is found;
816 (2) The respondent resides or is found if the child does not reside in this State; or
817 (3) A proceeding for probate or administration of the presumed or alleged father’s estate has been
818 commenced.
819 If the court has personal jurisdiction under § 8-604 of this title, venue for a proceeding to adjudicate parentage is
820 proper in any county of this State.
821 Section 58. Amend Subchapter VI, Chapter 8, Title 13 of the Delaware Code by transferring §§ 8-606 through 8-
822 612 of Title 13 of the Delaware Code from Part 1, Subchapter VI, Chapter 8 of Title 13 of the Delaware Code to Part 2,
823 Subchapter VI, Chapter 8 of Title 13.
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824 Section 59. Amend § 8-606, Title 13 of the Delaware Code by making deletions as shown by strike through and
825 insertions as shown by underline as follows:
826 § 8-606. Statute of limitations. Admissibility of results of genetic testing.
827 (a) Subject to the provisions of subsection (b) of this section and §§ 8-607 and 8-609 of this title, a proceeding
828 under this subchapter may be commenced at any time until the child reaches the age of majority, except as provided in §§
829 501(d) and 503 of this title.
830 (b) A proceeding to adjudicate the parentage of a child having no presumed, acknowledged, adjudicated or
831 adoptive father may be commenced at any time, even after:
832 (1) The child becomes an adult but only if the child initiates the proceeding; or
833 (2) An earlier proceeding to adjudicate paternity has been dismissed based upon the application of a statute of
834 limitation then in effect.
835 (c) In a proceeding under subsection (b) of this section, the court may deny a motion for genetic testing based on
836 principles of estoppel as established in § 8-608 of this title.
837 (d) This section shall not extend the time within which a right of inheritance or a right to succession may be
838 asserted beyond the time provided by law relating to distribution and closing of decedents’ estates, nor to the determination
839 of heirship, or otherwise.
840 (e) Notwithstanding the 2-year period of limitation recited in this chapter or other affirmative defense, an action
841 for parentage may proceed despite a prior adjudication, acknowledgement or presumption of parentage when shown by
842 clear and convincing evidence to be in the best interest of the particular child, and where the prior adjudication,
843 acknowledgement or presumption of parentage was based on fraud or duress or material mistake of fact.
844 (a) Except as otherwise provided in § 8-502(b) of this title, the court shall admit a report of genetic testing ordered
845 by the court under § 8-503 of this title as evidence of the truth of the facts asserted in the report.
846 (b) A party may object to the admission of a report described in subsection (a) of this section, not later than 14
847 days after the party receives the report. The party shall cite specific grounds for exclusion.
848 (c) A party that objects to the results of genetic testing may call a genetic-testing expert to testify in person or by
849 another method approved by the court. Unless the court orders otherwise, the party offering the testimony bears the expense
850 for the expert testifying.
851 (d) Admissibility of a report of genetic testing is not affected by whether the testing was performed:
852 (1) Voluntarily or under an order of the court or a child-support agency; or
853 (2) Before, on, or after commencement of the proceeding.
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854 Section 60. Amend § 8-607, Title 13 of the Delaware Code by making deletions as shown by strike through and
855 insertions as shown by underline as follows:
856 § 8-607. Limitation: Child having presumed father. Adjudicating parentage of child with alleged genetic parent.
857 (a) Except as otherwise provided in subsection (b) of this section, a proceeding brought by a presumed father, the
858 mother or another individual to adjudicate the parentage of a child having a presumed father must be commenced not later
859 than 2 years after the birth of the child.
860 (b) A proceeding seeking to disprove the father-child relationship between a child and the child’s presumed father
861 may be maintained at any time if the Court determines that:
862 (1) a. The presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse
863 with each other during the probable time of conception; and
864 b. The presumed father never openly held out the child as his own; or
865 (2) The presumed father did not commence an action within the limitation period in reliance on the mother’s
866 failure to disclose the possibility of any other alleged fathers.
867 (a) A proceeding to determine whether an alleged genetic parent who is not a presumed parent is a parent of a
868 child may be commenced:
869 (1) Before the child becomes an adult; or
870 (2) After the child becomes an adult, but only if the child initiates the proceeding.
871 (b) This subsection applies in a proceeding described in subsection (a) of this title if the individual who gave birth
872 to the child is the only other individual with a claim to parentage of the child. The court shall adjudicate an alleged genetic
873 parent to be a parent of the child if the alleged genetic parent:
874 (1) Is identified under § 8-506 of this title as a genetic parent of the child and the identification is not
875 successfully challenged under § 8-506 of this title;
876 (2) Admits parentage in a pleading, when making an appearance, or during a hearing, the court accepts the
877 admission, and the court determines the alleged genetic parent to be a parent of the child;
878 (3) Declines to submit to genetic testing ordered by the court or a child-support agency, in which case the
879 court may adjudicate the alleged genetic parent to be a parent of the child even if the alleged genetic parent denies a
880 genetic relationship with the child;
881 (4) Is in default after service of process and the court determines the alleged genetic parent to be a parent of
882 the child; or
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883 (5) Is neither identified nor excluded as a genetic parent by genetic testing and, based on other evidence, the
884 court determines the alleged genetic parent to be a parent of the child.
885 (c) Subject to other limitations in this Part, if in a proceeding involving an alleged genetic parent, at least one other
886 individual in addition to the individual who gave birth to the child has a claim to parentage of the child, the court shall
887 adjudicate parentage under § 8-613 of this title.
888 Section 61. Amend § 8-608, Title 13 of the Delaware Code by making deletions as shown by strike through and
889 insertions as shown by underline as follows:
890 § 8-608. Authority to deny motion for genetic testing. Adjudicating parentage of child with presumed parent.
891 (a) In a proceeding to adjudicate the parentage of a child having a presumed father or to challenge the paternity of
892 a child having an acknowledged father, the court may deny a motion seeking an order for genetic testing of the mother, the
893 child and the presumed or acknowledged father if the court determines that:
894 (1) The conduct of the mother or the presumed or acknowledged father estops that party from denying
895 parentage; and
896 (2) It would be inequitable to disprove the father-child relationship between the child and the presumed or
897 acknowledged father.
898 (b) In determining whether to deny or to grant a motion seeking an order for genetic testing under this section, the
899 court shall consider the best interest of the child, including the following factors:
900 (1) The length of time between the proceeding to adjudicate parentage and the time that the presumed or
901 acknowledged father was placed on notice that he might not be the genetic father;
902 (2) The length of time during which the presumed or acknowledged father has assumed the role of father of
903 the child;
904 (3) The facts surrounding the presumed or acknowledged father’s discovery of his possible nonpaternity;
905 (4) The nature of the relationship between the child and the presumed or acknowledged father;
906 (5) The age of the child;
907 (6) The harm that may result to the child if presumed or acknowledged paternity is successfully disproved;
908 (7) The nature of the relationship between the child and any alleged father;
909 (8) The extent to which the passage of time reduces the chances of establishing the paternity of another man
910 and a child-support obligation in favor of the child;
911 (9) Other factors that may affect the equities arising from the disruption of the father-child relationship
912 between the child and the presumed or acknowledged father or the chance of other harm to the child; and
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913 (10) Whether the child has a medical condition for which an accurate family history is necessary.
914 (c) In a proceeding involving the application of this section, a minor or incapacitated child must be represented by
915 a guardian ad litem.
916 (d) Denial of a motion seeking an order for genetic testing must be based on clear and convincing evidence.
917 (e) If the court denies a motion seeking an order for genetic testing, it shall issue an order adjudicating the
918 presumed or acknowledged father to be the father of the child.
919 (a) A proceeding to determine whether a presumed parent is a parent of a child may be commenced:
920 (1) Before the child becomes an adult; or
921 (2) After the child becomes an adult, but only if the child initiates the proceeding.
922 (b) A presumption of parentage under § 8-204 of this title cannot be overcome after the child attains 2 years of age
923 unless the court determines:
924 (1) The presumed parent is not a genetic parent, never resided with the child, and never held out the child as
925 the presumed parent’s child; or
926 (2) The child has more than 1 presumed parent.
927 (c) The following rules apply in a proceeding to adjudicate a presumed parent’s parentage of a child if the
928 individual who gave birth to the child is the only other individual with a claim to parentage of the child:
929 (1) If no party to the proceeding challenges the presumed parent’s parentage of the child, the court shall
930 adjudicate the presumed parent to be a parent of the child.
931 (2) If the presumed parent is identified under § 8-506 of this title as a genetic parent of the child and that
932 identification is not successfully challenged under § 8-506 of this title, the court shall adjudicate the presumed parent to
933 be a parent of the child.
934 (3) If the presumed parent is not identified under § 8-506 of this title as a genetic parent of the child and the
935 presumed parent or the individual who gave birth to the child challenges the presumed parent’s parentage of the child,
936 the court shall adjudicate the parentage of the child in the best interest of the child based on the factors under § 8-
937 613(a) and (b) of this title.
938 (d) Subject to other limitations in this Part, if in a proceeding to adjudicate a presumed parent’s parentage of a
939 child, another individual in addition to the individual who gave birth to the child asserts a claim to parentage of the child,
940 the court shall adjudicate parentage under § 8-613 of this title.
941 Section 62. Amend § 8-609, Title 13 of the Delaware Code by making deletions as shown by strike through and
942 insertions as shown by underline as follows:
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943 § 8-609. Limitation: Child having acknowledged or adjudicated father. Adjudicating claim of de facto parentage of
944 child.
945 (a) If a child has an acknowledged father, a signatory to the acknowledgment of paternity or denial of paternity
946 may commence a proceeding seeking to rescind the acknowledgment or denial or challenge the paternity of the child only
947 within the time allowed under §§ 8-307 or 8-308 of this title.
948 (b) If a child has an acknowledged father or an adjudicated father, an individual who is neither a signatory to the
949 acknowledgment of paternity nor a party to the adjudication and who seeks an adjudication of paternity of the child must
950 commence a proceeding not later than 2 years after the effective date of the acknowledgment or adjudication.
951 (c) A proceeding under this section is subject to the application of the principles of estoppel established in § 8-608
952 of this title.
953 (a) A proceeding to establish parentage of a child under this section may be commenced only by an individual
954 who:
955 (1) Is alive when the proceeding is commenced; and
956 (2) Claims to be a de facto parent of the child.
957 (b) An individual who claims to be a de facto parent of a child must commence a proceeding to establish parentage
958 of a child under this section:
959 (1) Before the child attains 18 years of age; and
960 (2) While the child is alive.
961 (c) The following rules govern standing of an individual who claims to be a de facto parent of a child to maintain a
962 proceeding under this section:
963 (1) The individual must file an initial verified pleading alleging specific facts that support the claim to
964 parentage of the child asserted under this section. The verified pleading must be served on all parents and legal
965 guardians of the child and any other party to the proceeding.
966 (2) An adverse party, parent, or legal guardian may file a pleading in response to the pleading filed under
967 paragraph (c)(1) of this section. A responsive pleading must be verified and must be served on parties to the
968 proceeding.
969 (3) Unless the court finds a hearing is necessary to determine disputed facts material to the issue of standing,
970 the court shall determine, based on the pleadings under paragraphs (c)(1) and (c)(2) of this section, whether the
971 individual has alleged facts sufficient to satisfy by a preponderance of the evidence the requirements of paragraphs
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972 (d)(1) through (d)(7) of this section. If the court holds a hearing under this subsection, the hearing must be held on an
973 expedited basis.
974
975 (d) In a proceeding to adjudicate parentage of an individual who claims to be a de facto parent of the child, if there
976 is only one other individual who is a parent or has a claim to parentage of the child, the court shall adjudicate the individual
977 who claims to be a de facto parent to be a parent of the child if the individual demonstrates by clear-and-convincing
978 evidence that:
979
980 (1) The individual resided with the child as a regular member of the child’s household for a significant period;
981 (2) The individual engaged in consistent caretaking of the child;
982 (3) The individual undertook full and permanent responsibilities of a parent of the child without expectation of
983 financial compensation;
984 (4) The individual held out the child as the individual’s child;
985 (5) The individual established a bonded and dependent relationship with the child which is parental in nature;
986 (6) Another parent of the child fostered or supported the bonded and dependent relationship required under
987 paragraph (d)(5) of this section; and
988 (7) Continuing the relationship between the individual and the child is in the best interest of the child.
989 (e) Subject to other limitations in this Part, if in a proceeding to adjudicate parentage of an individual who claims
990 to be a de facto parent of the child, there is more than 1 other individual who is a parent or has a claim to parentage of the
991 child and the court determines that the requirements of subsection (d) of this section are satisfied, the court shall adjudicate
992 parentage under § 8-613 of this title.
993 Section 63. Amend § 8-610, Title 13 of the Delaware Code by making deletions as shown by strike through and
994 insertions as shown by underline as follows:
995 § 8-610. Proceedings in which parentage may be determined. Adjudicating parentage of child with acknowledged
996 parent.
997 (a) Except as otherwise provided in subsection (c) of this section, a determination of parentage may be made in a
998 proceeding for adoption, termination of parental rights, child custody or visitation, child support, divorce, annulment,
999 probate or administration of an estate, or other proceeding in which the parentage or nonparentage of the child is an element
1000 of the claim for relief or a defense, and such a determination is binding as provided in § 8-637 of this title. In a proceeding
1001 to establish child support, the court is deemed to have made an adjudication of parentage of a child if the court acts under
circumstances that satisfy the jurisdictional requirements of § 610 of this title and the final order provides for the support
of the child by the man.
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1002 (b) Except as otherwise provided in subsection (a) of this section, a proceeding to adjudicate parentage may be
1003 joined with a proceeding for adoption, termination of parental rights, child custody or visitation, child support, divorce,
1004 annulment, probate or administration of an estate, or other appropriate proceeding.
1005
1006 (c) A respondent may not join a proceeding described in subsection (a) of this section with a proceeding to
1007 adjudicate parentage brought under Chapter 6 of this title.
1008
1009 (a) If a child has an acknowledged parent, a proceeding to challenge the acknowledgment of parentage or a denial
1010 of parentage, brought by a signatory to the acknowledgment or denial, is governed by §§ 8-308 and 8-309 of this title.
1011
1012 (b) If a child has an acknowledged parent, the following rules apply in a proceeding to challenge the
1013 acknowledgment of parentage or a denial of parentage brought by an individual, other than the child, who has standing
1014 under § 8-602 of this title and was not a signatory to the acknowledgment or denial:
1015
1016 (1) The individual must commence the proceeding not later than 2 years after the effective date of the
1017 acknowledgment.
1018
1019 (2) The court may permit the proceeding only if the court finds permitting the proceeding is in the best interest
1020 of the child.
1021
1022 (3) If the court permits the proceeding, the court shall adjudicate parentage under § 8-613 of this title.
1023 Section 64. Amend § 8-611, Title 13 of the Delaware Code by making deletions as shown by strike through and
1024 insertions as shown by underline as follows:
1025 § 8-611. Proceeding before birth. Adjudicating parentage of child with adjudicated parent.
1026 (a) A proceeding to determine parentage may be commenced before the birth of the child, but may not be
1027 concluded until after the birth of the child.
1028 (b) But if a child was conceived through assisted reproduction, an order or judgment may be entered before the
1029 birth of the resulting child to establish a parent child relationship, as long as enforcement of the order or judgment shall be
1030 stayed until the birth of the child. Such an order shall be sought by filing a petition setting forth the name(s) and address(es)
1031 of the intended parent(s), the gestational carrier, if there is one, and her spouse, if there is one, and appending affidavits
which:
(1) Attest that the pregnancy resulted through means other than sexual intercourse verified by the participating
health care provider;
(2) Acknowledge parentage verified by the parent or parents; and
(3) In cases involving a gestational carrier only,
(i) Acknowledge nonparentage verified by the gestational carrier and her spouse, if there is one; and
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1032 (ii) Attest to the gestational carrier agreement signed by all the parties in accordance with § 8-807 of this
1033 title.
1034 (c) Except in circumstances outlined in subsection (b) of this section, the following actions may be taken before
1035 the birth of any child:
1036
1037 (1) Service of process;
1038 (2) Discovery; and
1039 (3) Except as prohibited by § 8-502 of this title, collection of specimens for genetic testing.
1040 (a) If a child has an adjudicated parent, a proceeding to challenge the adjudication, brought by an individual who
1041 was a party to the adjudication or received notice under § 8-603 of this title, is governed by the rules governing a collateral
1042 attack on a judgment.
1043 (b) If a child has an adjudicated parent, the following rules apply to a proceeding to challenge the adjudication of
1044 parentage brought by an individual, other than the child, who has standing under § 8-602 of this title and was not a party to
1045 the adjudication and did not receive notice under § 8-603 of this title:
1046 (1) The individual must commence the proceeding not later than 2 years after the effective date of the
1047 adjudication.
1048 (2) The court may permit the proceeding only if the court finds permitting the proceeding is in the best interest
1049 of the child.
1050 (3) If the court permits the proceeding, the court shall adjudicate parentage under § 8-613 of this title.
1051 Section 65. Amend § 8-612, Title 13 of the Delaware Code by making deletions as shown by strike through and
1052 insertions as shown by underline as follows:
1053 § 8-612. Child as party; representation. Adjudicating parentage of child of assisted reproduction.
1054 (a) A minor child is a permissible party, but is not a necessary party to a proceeding under this subchapter.
1055 (b) The court shall appoint a guardian ad litem to represent a minor or incapacitated child if the child is a party or
1056 the court finds that the interests of the child are not adequately represented.
1057 (c) Where all necessary parties to a parentage action agree to genetic testing despite the availability of affirmative
1058 defenses, they shall be presumed to be adequately representing the interests of the child subject to the court’s consideration
1059 of the factors recited in § 8-608(b) of this title.
1060 (a) An individual who is a parent under subchapter VII of this chapter or the individual who gave birth to the child
1061 may bring a proceeding to adjudicate parentage. If the court determines the individual is a parent under subchapter VII of
this chapter, the court shall adjudicate the individual to be a parent of the child.
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1062 (b) In a proceeding to adjudicate an individual’s parentage of a child, if another individual other than the
1063 individual who gave birth to the child is a parent under subchapter VII of this chapter, the court shall adjudicate the
1064 individual’s parentage of the child under § 8-613 of this title.
1065
1066 Section 66. Amend Part 2, Subchapter VI, Chapter 8, Title 13 of the Delaware Code by making deletions as shown
1067 by strike through and insertions as shown by underline as follows:
1068
1069 § 8-613. Adjudicating competing claims of parentage.
1070 (a) In a proceeding to adjudicate competing claims of, or challenges under § 8-608(c) of this title, § 8-610 of this
1071 title, or § 8-611 of this title to, parentage of a child by 2 or more individuals, the court shall adjudicate parentage in the best
1072 interest of the child, based on:
1073
1074 (1) The age of the child;
1075 (2) The length of time during which each individual assumed the role of parent of the child;
1076 (3) The nature of the relationship between the child and each individual;
1077 (4) The harm to the child if the relationship between the child and each individual is not recognized;
1078 (5) The basis for each individual’s claim to parentage of the child; and
1079 (6) Other equitable factors arising from the disruption of the relationship between the child and each
1080 individual or the likelihood of other harm to the child.
1081 (b) If an individual challenges parentage based on the results of genetic testing, in addition to the factors listed in
1082 subsection (a) of this section, the court shall consider:
1083 (1) The facts surrounding the discovery the individual might not be a genetic parent of the child; and
1084 (2) The length of time between the time that the individual was placed on notice that the individual might not
1085 be a genetic parent and the commencement of the proceeding.
1086 (c)(1) The court may adjudicate a child to have more than 2 parents under this chapter if the court finds that failure
1087 to recognize more than 2 parents would be detrimental to the child.
1088 (2) A finding of detriment to the child under paragraph (c)(1) of this section does not require a finding of
1089 unfitness of any parent or individual seeking an adjudication of parentage.
1090 (3) In determining detriment to the child under paragraph (c)(1) of this section, the court shall consider all
1091 relevant factors, including the harm if the child is removed from a stable placement with an individual who has fulfilled
the child’s physical needs and psychological needs for care and affection and has assumed the role for a substantial
period.
§ 8-614. [Reserved].
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1092 Section 67. Amend Part 3, Subchapter VI, Chapter 8, Title 13 of the Delaware Code by making deletions as shown
1093 by strike through and insertions as shown by underline as follows:
1094
1095 § 8-615. Temporary order.
1096 (a) In a proceeding under this subchapter, the court may issue a temporary order for child support if the order is
1097 consistent with law of this State other than this chapter and the individual ordered to pay support is:
1098
1099 (1) A presumed parent of the child;
1100 (2) Petitioning to be adjudicated a parent;
1101 (3) Identified as a genetic parent through genetic testing under § 8-506 of this title;
1102 (4) An alleged genetic parent who has declined to submit to genetic testing;
1103 (5) Shown by clear-and-convincing evidence to be a parent of the child; or
1104 (6) A parent under this chapter.
1105 (b) The court may issue a temporary order for custody and visitation under law of this State other than this chapter.
1106 § 8-616. Combining proceedings.
1107 Unless the court would not otherwise have jurisdiction over the proceeding, the court may combine a proceeding
1108 to adjudicate parentage under this chapter with a proceeding for adoption, termination of parental rights, child custody or
1109 visitation, child support, divorce, annulment, declaration of invalidity, administration of an estate, or other appropriate
1110 proceeding.
1111 § 8-617. Proceeding before birth.
1112 (a) Except as provided in Part 3 of subchapter VIII of this chapter and subject to subsections (b) and (c) of this
1113 section, a proceeding to adjudicate parentage may be commenced before the birth of the child, but may not be concluded
1114 until after the birth of the child.
1115 (b) If a child is conceived through assisted reproduction, an order or judgment may be entered before the birth of
1116 the resulting child to establish a parent-child relationship, if enforcement of the order or judgment is stayed until the birth of
1117 the child. The order or judgment must be sought by filing a petition containing all of the following:
1118 (1) The names and addresses of the intended parents;
1119 (2) The name and address of the gestational carrier, if any, and the gestational carrier’s spouse, if any; and
1120 (3) An affidavit that does the following:
a. Acknowledges parentage verified by the parents; and
b. In cases involving a gestational carrier:
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1121 1. Acknowledges nonparentage verified by the gestational carrier and the gestational carrier’s spouse,
1122 if any; and
1123
1124 2. Attests to the gestational carrier agreement signed by all the parties in accordance with § 8-811 of
1125 this title.
1126 (c) Except in circumstances under subsection (b) of this section, the following actions may be taken before the
1127 birth of a child:
1128 (1) Service of process;
1129 (2) Discovery; and
1130 (3) Except as prohibited by § 8-503 of this title, collection of specimens for genetic testing.
1131 § 8-618. Child as party; representation.
1132 (a) A minor child is a permissive party but not a necessary party to a proceeding under this subchapter.
1133 (b) The court shall appoint a guardian ad litem to represent a child in a proceeding under this subchapter, if the
1134 court finds that the interests of the child are not adequately represented.
1135 § 8-619. Court to adjudicate parentage.
1136 The court shall adjudicate parentage of a child without a jury.
1137 Section 68. Amend Subchapter VI, Chapter 8, Title 13 of the Delaware Code by transferring §§ 8-621 through 8-
1138 624 of Title 13 of the Delaware Code from Part 2, Subchapter VI, Chapter 8 of Title 13 of the Delaware Code to Part 3,
1139 Subchapter VI, Chapter 8 of Title 13.
1140 Section 69. Amend § 8-621, Title 13 of the Delaware Code by making deletions as shown by strike through and
1141 insertions as shown by underline as follows:
1142 § 8-621. Admissibility of results of genetic testing; expenses. Dismissal for want of prosecution.
1143 (a) Except as otherwise provided in subsection (c) of this section, a record of a genetic testing expert is admissible
1144 as evidence of the truth of the facts asserted in the report unless a party objects to its admission within 14 days after its
1145 receipt by the objecting party and cites specific grounds for exclusion. The admissibility of the report is not affected by
1146 whether the testing was performed:
1147 (1) Voluntarily or pursuant to an order of the court or a support-enforcement agency; or
1148 (2) Before or after the commencement of the proceeding.
1149 (b) A party objecting to the results of genetic testing may call 1 or more genetic-testing experts to testify in person
1150 or by telephone, videoconference, deposition or another method approved by the court. Unless otherwise ordered by the
court, the party offering the testimony bears the expense for the expert testifying.
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1151 (c) If a child has a presumed, acknowledged or adjudicated father, the results of genetic testing are inadmissible to
1152 adjudicate parentage unless performed:
1153
1154 (1) With the consent of both the mother and the presumed, acknowledged or adjudicated father; or
1155 (2) Pursuant to an order of the court under § 8-502 of this title.
1156 (d) Copies of bills for genetic testing and for prenatal and postnatal health care for the mother and child which are
1157 furnished to the adverse party not less than 10 days before the date of a hearing are admissible to establish:
1158 (1) The amount of the charges billed; and
1159 (2) That the charges were reasonable, necessary and customary.
1160 The court may dismiss a proceeding under this chapter for want of prosecution only without prejudice. An order of
1161 dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without
1162 prejudice.
1163 Section 70. Amend § 8-622, Title 13 of the Delaware Code by making deletions as shown by strike through and
1164 insertions as shown by underline as follows:
1165 § 8-622. Consequences of declining genetic testing. Order adjudicating parentage.
1166 (a) An order for genetic testing is enforceable by contempt.
1167 (b) If an individual whose paternity is being determined declines to submit to genetic testing ordered by the court,
1168 the court for that reason may adjudicate parentage contrary to the position of that individual.
1169 (c) Genetic testing of the mother of a child is not a condition precedent to testing the child and a man whose
1170 paternity is being determined. If the mother is unavailable or declines to submit to genetic testing, the court may order the
1171 testing of the child and every man whose paternity is being adjudicated.
1172 (a) An order adjudicating parentage must identify the child in a manner provided by law of this State other than
1173 this chapter.
1174 (b) Except as otherwise provided in subsection (c) of this section, the court may assess filing fees, reasonable
1175 attorney’s fees, fees for genetic testing, other costs, and necessary travel and other reasonable expenses incurred in a
1176 proceeding under this subchapter. Attorney’s fees awarded under this subsection may be paid directly to the attorney, and
1177 the attorney may enforce the order in the attorney’s own name.
1178 (c) The court may not assess fees, costs, or expenses in a proceeding under this subchapter against a child-support
1179 agency of this State or another state, except as provided by law of this State other than this chapter.
1180 (d) In a proceeding under this subchapter or under § 513 of this title, a copy of a bill for genetic testing or prenatal
or postnatal health care for the individual who gave birth to the child and the child, provided to the adverse party not later
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1181 than 10 days before a hearing, is admissible to establish:
1182 (1) The amount of the charge billed; and
1183 (2) That the charge is reasonable and necessary.
1184
1185 (e) On request of a party and for good cause, the court in a proceeding under this subchapter may order the name
1186 of the child changed. If the court order changing the name varies from the name on the birth certificate of the child, the
1187 court shall order the Office of Vital Statistics to issue an amended birth certificate.
1188
1189 Section 71. Amend § 8-623, Title 13 of the Delaware Code by making deletions as shown by strike through and
1190 insertions as shown by underline as follows:
1191
1192 § 8-623. Admission of paternity authorized. Binding effect of determination of parentage.
1193 (a) A respondent in a proceeding to adjudicate parentage or in a proceeding for child support or in any other
1194 proceeding in which the parentage of the child is an element of the claim for relief or a defense may admit to the paternity
1195 of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an appearance
1196 or during a hearing.
1197 (b) If the court finds that the admission of paternity satisfies the requirements of this section and finds that there is
1198 no reason to question the admission, the court shall issue an order adjudicating the child to be the child of the man
1199 admitting paternity.
1200 (a) Except as otherwise provided in subsection (b) of this section:
1201
1202 (1) A signatory to an acknowledgment of parentage or denial of parentage is bound by the acknowledgment
1203 and denial as provided in subchapter III of this chapter; and
1204
1205 (2) A party to an adjudication of parentage by a court acting under circumstances that satisfy the jurisdiction
1206 requirements of § 6-201 of this title and any individual who received notice of the proceeding are bound by the
1207 adjudication.
1208
1209 (b) A child is not bound by a determination of parentage under this chapter unless:
(1) The determination was based on an unrescinded acknowledgment of parentage and the acknowledgment is
consistent with the results of genetic testing;
(2) The determination was based on a finding consistent with the results of genetic testing, and the consistency
is declared in the determination or otherwise shown;
(3) The determination of parentage was made under subchapter VII or VIII of this chapter; or
(4) The child was a party or was represented by a guardian ad litem in the proceeding.
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1210 (c) In a proceeding for divorce, dissolution, annulment, or declaration of invalidity, the court is deemed to have
1211 made an adjudication of parentage of a child if the court acts under circumstances that satisfy the jurisdiction requirements
1212 of § 6-201 of this title and the final order:
1213
1214 (1) Expressly identifies the child as a “child of the marriage” or “issue of the marriage” or includes similar
1215 words indicating that both spouses are parents of the child; or
1216
1217 (2) Provides for support of the child by a spouse unless that spouse’s parentage is disclaimed specifically in
1218 the order.
1219
1220 (d) Except as otherwise provided in subsection (b) of this section or § 8-611 of this title, a determination of
1221 parentage may be asserted as a defense in a subsequent proceeding seeking to adjudicate parentage of an individual who
1222 was not a party to the earlier proceeding.
1223
1224 (e) A party to an adjudication of parentage may challenge the adjudication only under law of this State other than
1225 this chapter relating to appeal, vacation of judgment, or other judicial review.
1226
1227 Section 72. Amend § 8-624, Title 13 of the Delaware Code by making deletions as shown by strike through and
1228 insertions as shown by underline as follows:
1229
1230 § 8-624. Temporary order.
1231 (a) In a proceeding under this subchapter, the court shall issue a temporary order for support of a child if the order
1232 is appropriate and the individual ordered to pay support is:
1233
1234 (1) A presumed father of the child;
1235 (2) Petitioning to have paternity adjudicated;
1236 (3) Identified as the father through genetic testing under § 8-505 of this title;
1237 (4) An alleged father who has declined to submit to genetic testing;
(5) Shown by clear and convincing evidence to be the father of the child; or
(6) The mother of the child.
(b) A temporary order may include provisions for custody and visitation as provided by other law of this State.
Section 73. Amend § 8-631, Title 13 of the Delaware Code by making deletions as shown by strike through and
insertions as shown by underline as follows:
§ 8-631. Rules for adjudication of paternity.
The court shall apply the following rules to adjudicate the paternity of a child:
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1238 (1) The paternity of a child having a presumed, acknowledged or adjudicated father may be disproved only by
1239 admissible results of genetic testing excluding that man as the father of the child or identifying another man as the
1240 father of the child.
1241
1242 (2) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man identified
1243 as the father of a child under § 8-505 of this title must be adjudicated the father of the child.
1244
1245 (3) If the court finds that genetic testing under § 8-505 of this title neither identifies nor excludes a man as the
1246 father of a child, the court may not dismiss the proceeding. In that event, the results of genetic testing, and other
1247 evidence, are admissible to adjudicate the issue of paternity.
1248
1249 (4) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man excluded
1250 as the father of a child by genetic testing must be adjudicated not to be the father of the child.
1251
1252 (5) Paternity may not be established with regard to an alleged father without the assistance of genetic testing
1253 unless the mother of the child swears or affirms on the record or by affidavit, under penalty of perjury, that she did not
1254 have sexual intercourse with any other man at or about the time the child was conceived.
1255
1256 Section 74. Amend § 8-632, Title 13 of the Delaware Code by making deletions as shown by strike through and
1257 insertions as shown by underline as follows:
1258
1259 § 8-632. Jury prohibited.
1260 The court, without a jury, shall adjudicate paternity of a child.
1261 Section 75. Amend § 8-633, Title 13 of the Delaware Code by making deletions as shown by strike through and
1262 insertions as shown by underline as follows:
1263 § 8-633. Inspection of records.
1264 A final order in a proceeding under this subchapter is available for public inspection.
1265 Section 76. Amend § 8-634, Title 13 of the Delaware Code by making deletions as shown by strike through and
1266 insertions as shown by underline as follows:
1267 § 8-634. Order on default.
The court shall issue an order adjudicating the paternity of a man who:
(1) After service of process, is in default; and
(2) Is found by the court to be the father of a child.
Section 77. Amend § 8-635, Title 13 of the Delaware Code by making deletions as shown by strike through and
insertions as shown by underline as follows:
§ 8-635. Dismissal for want of prosecution.
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1268 The court may issue an order dismissing a proceeding commenced under this subchapter for want of prosecution
1269 only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the
1270 effect of a dismissal without prejudice.
1271
1272 Section 78. Amend § 8-636, Title 13 of the Delaware Code by making deletions as shown by strike through and
1273 insertions as shown by underline as follows:
1274
1275 § 8-636. Order adjudicating parentage.
1276 (a) The court shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of
1277 the child.
1278 (b) An order adjudicating parentage must identify the child by name and date of birth except an order pursuant to §
1279 8-611(a) of this title and health care providers shall report the person(s) determined by Family Court to be the parent(s) to
1280 the Office of Vital Statistics as required by § 3121 of Title 16, Registration of Births.
1281 (c) Except as otherwise provided in subsection (d) of this section, the court may assess filing fees, reasonable
1282 attorney’s fees, fees for genetic testing, other costs and necessary travel and other reasonable expenses incurred in a
1283 proceeding under this subchapter. The court may award attorney’s fees, which may be paid directly to the attorney, who
1284 may enforce the order in the attorney’s own name.
1285 (d) The court may not assess fees, costs or expenses against the support-enforcement agency of this State or
1286 another state, except as provided by other law.
1287 (e) On request of a party and for good cause shown, the court may order that the name of the child be changed.
1288 (f) If the order of the court is at variance with the child’s birth certificate, the court shall order the Office of Vital
1289 Statistics to issue an amended birth registration.
1290 Section 79. Amend § 8-637, Title 13 of the Delaware Code by making deletions as shown by strike through and
1291 insertions as shown by underline as follows:
1292 § 8-637. Binding effect of determination of parentage.
1293 (a) Except as otherwise provided in subsection (b) of this section, a determination of parentage is binding on:
1294
1295 (1) All signatories to an acknowledgment or denial of paternity as provided in subchapter III of this chapter;
(2) All parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional
requirements of § 6-201 of this title;
(3) The child.
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1296 (b) In a proceeding to dissolve a marriage, the court is deemed to have made an adjudication of the parentage of a
1297 child if the court acts under circumstances that satisfy the jurisdictional requirements of § 6-201 of this title and the final
1298 order:
1299
1300 (1) Expressly identifies a child as a “child of the marriage,” “issue of the marriage,” or similar words
1301 indicating that the husband is the father of the child; or
1302
1303 (2) Provides for support of the child by the husband unless paternity is specifically disclaimed in the order.
1304 (c) Except as otherwise provided in subsection (b) of this section, a determination of parentage may be a defense
1305 in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding.
1306 (d) A party to an adjudication of paternity may challenge the adjudication only under law of this State relating to
1307 appeal, vacation of judgments or other judicial review.
1308 Section 80. Amend § 8-638, Title 13 of the Delaware Code by making deletions as shown by strike through and
1309 insertions as shown by underline as follows:
1310 § 8-638. § 8-624. No right to reimbursement.
1311 If the court determines that an individual is not the parent of a child, the individual shall have no does not have a
1312 right to reimbursement for any child support or medical expenses paid prior to before the date on which the other party or
1313 the public agency to which the payments were or are being made was served with notice of the proceeding in which the
1314 determination of nonparentage was made.
1315 Section 81. Amend § 8-639, Title 13 of the Delaware Code by making deletions as shown by strike through and
1316 insertions as shown by underline as follows:
1317 § 8-639. 8-625. Full faith and credit.
1318 A court of this State shall give full faith and credit to a determination of parentage or nonparentage or denial of
1319 parentage made by a court or administrative agency of another state if the determination is made in compliance with the law
1320 of the other state.
1321 Section 82. Amend § 8-701, Title 13 of the Delaware Code by making deletions as shown by strike through and
1322 insertions as shown by underline as follows:
1323 § 8-701. Scope of article.
1324 This subchapter does not apply to the birth of a child conceived by means of sexual intercourse. sexual intercourse
1325 or assisted reproduction under a surrogacy agreement under subchapter VIII of this chapter.
Section 83. Amend § 8-702, Title 13 of the Delaware Code by making deletions as shown by strike through and
insertions as shown by underline as follows:
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1326 § 8-702. Parental status of donor.
1327 A donor is not a parent of a child conceived by means of assisted reproduction.
1328 Section 84. Amend § 8-703, Title 13 of the Delaware Code by making deletions as shown by strike through and
1329 insertions as shown by underline as follows:
1330 § 8-703. Paternity Parentage of a child of assisted reproduction.
1331 (a) A man who provides sperm for, or consents to, assisted reproduction by a woman as provided in § 8-704 of
1332 this title with intent to be the parent of her child, is a parent of the resulting child;
1333 (b) The child shall be considered the child of the intended parent or parents immediately upon the birth of the
1334 child;
1335 (c) Parental rights shall vest in the intended parent or parents immediately upon the birth of the child;
1336 (d) Custody of the child shall vest with the intended parent or parents immediately upon the birth of the child; and
1337 (e) Neither the gestational carrier, if any, nor her spouse, shall be the parent of the child.
1338 An individual who consents under § 8-704 of this title to assisted reproduction with the intent to be a parent of a
1339 child conceived by the assisted reproduction is a parent of the child.
1340 Section 85. Amend § 8-704, Title 13 of the Delaware Code by making deletions as shown by strike through and
1341 insertions as shown by underline as follows:
1342 § 8-704. Consent to assisted reproduction.
1343 (a) Consent by a woman and an intended parent of a child conceived via assisted reproduction must be in a record
1344 signed by the woman and the intended parent. This requirement does not apply to a donor. Except as otherwise provided in
1345 subsection (b) of this section, the consent described in § 8-703 of this title must be in a record signed by an individual
1346 giving birth to a child conceived by assisted reproduction and another individual who intends to be a parent of the child.
1347 (b) Failure to sign a consent in a record as required by subsection (a) of this section, before before, on, or after
1348 birth of the child, does not preclude a finding of paternity pursuant to § 8-201 of this title. the court from finding consent to
1349 parentage if:
1350
1351 (1) The individual giving birth to the child or the other individual proves by clear-and-convincing evidence
1352 the existence of an express agreement entered into before transfer of gametes or embryos that the individual giving
1353 birth to the child and the other individual intended that both would be parents of the child; or
1354
1355 (2) For the first 2 years of the child’s life, including any period of temporary absence, the individual giving
birth to the child and the other individual resided together in the same household with the child and both openly held
out the child as the child of the other individual, unless the other individual dies or becomes incapacitated before the
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1356 child attains 2 years of age or the child dies before the child attains 2 years of age, in which case the court may find
1357 consent under this subsection to parentage if a party proves by clear-and-convincing evidence that the individual giving
1358 birth to the child and the other individual intended to reside together in the same household with the child and both
1359 intended the other individual would openly hold out the child as the child of the other individual, but the other
1360 individual was prevented from carrying out that intent by death or incapacity.
1361
1362 Section 86. Amend § 8-705, Title 13 of the Delaware Code by making deletions as shown by strike through and
1363 insertions as shown by underline as follows:
1364
1365 § 8-705. Limitation on husband’s dispute of paternity. spouse’s dispute of parentage.
1366 (a) Except as otherwise provided in subsection (b) of this section, the husband of a wife who gives an individual
1367 who, at the time of a child’s birth, is the spouse of the individual who gave birth to a child by means of assisted
1368 reproduction may not challenge his paternity the individual’s parentage of the child unless:
1369
1370 (1) Within Not later than 2 years after learning of the birth of the child he child, the individual commences a
1371 proceeding to adjudicate his paternity; the individual’s parentage of the child; and
1372
1373 (2) The court finds that he the individual did not consent to the assisted reproduction, before before, on, or
1374 after birth of the child. child, or withdrew consent under § 8-707 of this title.
1375
1376 (b) A proceeding to adjudicate paternity a spouse’s parentage of a child born by assisted reproduction may be
1377 maintained at any time if the court determines that: determines:
1378
1379 (1) The husband did not provide sperm for, or before or after the birth of the child consent to assisted
1380 reproduction by his wife; spouse neither provided a gamete for, nor consented to, the assisted reproduction;
1381
1382 (2) The husband and the mother of spouse and the individual who gave birth to the child have not cohabited
1383 since the probable time of assisted reproduction; and
1384
1385 (3) The husband spouse never openly held out the child as his own. the spouse’s child.
(c) The limitation provided in this This section applies to a spouse’s dispute of parentage even if the spouse’s
marriage is declared invalid after assisted reproduction. reproduction occurs.
Section 87. Amend § 8-706, Title 13 of the Delaware Code by making deletions as shown by strike through and
insertions as shown by underline as follows:
§ 8-706. Effect of dissolution of marriage or withdrawal of consent. certain legal proceedings regarding marriage.
(a) If a marriage is dissolved before placement of eggs, sperm or embryos, the former spouse is not a parent of the
resulting child unless the former spouse consented in a record that if assisted reproduction were to occur after a divorce, the
former spouse would be a parent of the child.
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1386 (b) The consent of a woman or a man to assisted reproduction may be withdrawn by that individual in a record at
1387 any time before placement of eggs, sperm or embryos. An individual who withdraws consent under this section is not a
1388 parent of the resulting child.
1389
1390 If a marriage of an individual who gives birth to a child conceived by assisted reproduction is terminated through
1391 divorce or dissolution, declared invalid, or annulled before transfer of gametes or embryos to the individual, a former
1392 spouse of the individual is not a parent of the child unless the former spouse consented in a record that the former spouse
1393 would be a parent of the child if assisted reproduction were to occur after a divorce, dissolution, annulment, or declaration
1394 of invalidity, and the former spouse did not withdraw consent under § 8-707 of this title.
1395
1396 Section 88. Amend § 8-707, Title 13 of the Delaware Code by making deletions as shown by strike through and
1397 insertions as shown by underline as follows:
1398
1399 § 8-707. Parental status of deceased individual. Withdrawal of consent.
1400 If an individual who consented in a record to be a parent by assisted reproduction dies before placement of eggs,
1401 sperm, or embryos, the deceased individual is not a parent of the resulting child unless the deceased individual consented in
1402 a record that if assisted reproduction were to occur after death, the deceased individual would be a parent of the child.
1403 (a) An individual who consents under § 8-704 of this title to assisted reproduction may withdraw consent any time
1404 before a transfer that results in a pregnancy, by giving notice in a record of the withdrawal of consent to the individual who
1405 agreed to give birth to a child conceived by assisted reproduction and to any clinic or health-care provider facilitating the
1406 assisted reproduction. Failure to give notice to the clinic or health-care provider does not affect a determination of
1407 parentage under this chapter.
1408 (b) An individual who withdraws consent under subsection (a) of this section is not a parent of the child under this
1409 subchapter.
1410 Section 89. Amend Subchapter VII, Chapter 8, Title 13 of the Delaware Code by making deletions as shown by
1411 strike through and insertions as shown by underline as follows:
1412 § 8-708. Parental status of deceased individual.
1413 (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 death does not preclude the
establishment of the individual’s parentage of the child if the individual otherwise would be a parent of the child under this
chapter.
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1414 (b) If an individual who consented in a record to assisted reproduction by an individual who agreed to give birth to
1415 a child dies before a transfer of gametes or embryos, the deceased individual is a parent of a child conceived by the assisted
1416 reproduction only if:
1417
1418 (1) Either:
1419 a. The individual consented in a record that if assisted reproduction were to occur after the death of the
1420
1421 individual, the individual would be a parent of the child; or
1422 b. The individual’s intent to be a parent of a child conceived by assisted reproduction after the
1423
1424 individual’s death is established by clear-and-convincing evidence; and
1425 (2) Either:
1426 a. The embryo is in utero not later than 36 months after the individual’s death; or
1427 b. The child is born not later than 45 months after the individual’s death.
1428
1429 Section 90. Amend Subchapter VIII, Chapter 8, Title 13 of the Delaware Code by making deletions as shown by
1430 strike through and insertions as shown by underline as follows:
1431
1432 Subchapter VIII. Gestational and Genetic Carrier Agreement Act
1433 Part 1. General Requirements.
1434 § 8-801. Short title.
1435 This subchapter may be cited as the “Gestational and Genetic Carrier Agreement Act.”
1436 § 8-802. Definitions.
1437 In this subchapter:
1438
1439 (1) “Genetic carrier” means an individual who is not an intended parent and who agrees to become pregnant
1440 through assisted reproduction using the individual’s own gamete with the intention of gestating and delivering the
1441 intended parent’s child.
(2) “Genetic carrier agreement” means a written agreement between the genetic carrier, the genetic carrier’s
spouse or partner, if any, and the intended parent, under which the intended parent agrees to become the parent of the
child resulting from the assisted reproduction.
(3) “Genetic carrier arrangement” means the process by which an individual attempts to carry and give birth
to a child created through assisted reproduction using the individual’s own gamete and a gamete provided by the
intended parents which may or may not be genetically related to either of the intended parents.
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1442 (4) “Gestational carrier” means a individual who is neither an intended parent nor a donor, who agrees to
1443 become pregnant for an intended parent by assisted reproduction with the intention of gestating and delivering the
1444 intended parent’s child.
1445
1446 (5) “Gestational carrier agreement” means a written agreement between the gestational carrier, the gestational
1447 carrier’s spouse or partner, if any, and the intended parent, under which the intended parent agrees to become the
1448 parent of the child resulting from the assisted reproduction.
1449
1450 (6) “Gestational carrier arrangement” means the process by which an individual attempts to carry and give
1451 birth to a child created through assisted reproduction using the gamete provided by the intended parents which may or
1452 may not be genetically related to either of the intended parents, and to which the gestational carrier has made no
1453 genetic contribution.
1454
1455 (7) “Health care provider” means an individual who is duly licensed to provide health care, including all
1456 medical, psychological, or counseling professionals.
1457
1458 (8) “Physician” means an individual licensed to practice medicine in any or all of its branches in this State.
1459 § 8-802 8-803. Scope and purpose.
1460 (a) The purpose of this subchapter is to establish consistent standards and procedural safeguards for the protection
1461 of all parties to a gestational or genetic carrier agreement in this State and to confirm the legal status of children born as a
1462 result of these agreements. These standards and safeguards are meant to facilitate the use of this type of reproductive
1463 agreement in accordance with the public policy of this State.
1464 (b) This subchapter does not apply to the birth of a child conceived by means of sexual intercourse.
1465 § 8-803 8-804. Bases for jurisdiction over nonresident.
1466 In a proceeding to enforce a gestational or genetic carrier agreement, a tribunal of this State may exercise personal
1467 jurisdiction over a nonresident individual or the individual’s guardian or conservator if:
1468
1469 (a)(1) The individual is personally served with notice within this State;
1470 (b)(2) The individual submits to the jurisdiction of this State by consent, by entering a general appearance, or
1471 by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(c)(3) The individual resided in this State at the time the individual executed the gestational or genetic carrier
agreement or consented to the embryo transfer;
(d)(4) The individual executed a gestational or genetic carrier agreement with a person or persons an
individual who resided in this State at the time the gestational or genetic carrier agreement was executed and
voluntarily submitted to the jurisdiction of this State in the gestational or genetic carrier agreement;
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1472 (e)(5) The nonresident gestational or genetic carrier had, or is expected to have an embryo transfer performed
1473 in this State pursuant to under a gestational or genetic carrier agreement;
1474
1475 (f)(6) The nonresident intended parent(s) parents consented to a gestational carrier having an embryo transfer
1476 in this State pursuant to under a gestational carrier agreement;
1477
1478 (7) The nonresident intended parents consented to a genetic carrier undergoing assisted reproduction in this
1479 State under a genetic carrier agreement;
1480
1481 (g)(8) The child was, or is expected to be born in this State as demonstrated by a provision in the gestational
1482 or genetic carrier agreement;
1483
1484 (h)(9) The child resides in this State as a result of the acts or directives of the individual; or
1485 (i)(10) There is any other basis consistent with the Constitutions of this State and the United States for the
1486 exercise of personal jurisdiction.
1487 § 8-805. Effect of subsequent change of marital status.
1488 (a) Unless a gestational or genetic carrier agreement expressly provides otherwise:
1489 (1) The marriage of a gestational or genetic carrier after the agreement is signed by all parties does not affect
1490 the validity of the agreement, the consent of the gestational or genetic carrier’s spouse to the agreement is not required,
1491 and the gestational or genetic carrier’s spouse is not a presumed parent of a child conceived by assisted reproduction
1492 under the agreement; and
1493 (2) The divorce, dissolution, annulment, or declaration of invalidity of the marriage of the gestational or
1494 genetic carrier after the agreement is signed by all parties does not affect the validity of the agreement.
1495 (b) Unless a gestational or genetic carrier agreement expressly provides otherwise:
1496 (1) The marriage of an intended parent after an agreement is signed by all parties does not affect the validity
1497 of a gestational or genetic carrier agreement, the consent of the spouse of the intended parent is not required, and the
1498 spouse of the intended parent is not, based on the agreement, a parent of the child conceived by assisted reproduction
1499 under the agreement; and
1500 (2) The divorce, dissolution, annulment, or declaration of invalidity of an intended parent after the agreement
1501 is signed by all parties does not affect the validity of the agreement and, except as otherwise provided in § 8-817 of this
title, the intended parents are the parents of the child.
§ 8-806. Gestational and genetic carrier agreements: parentage of deceased intended parent.
(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 transfer of a gamete or embryo and the birth of the child.
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1502 (b) Except as otherwise provided in § 8-818, § 8-819, or § 8-820 of this title, on birth of a child conceived by
1503 assisted reproduction under a genetic carrier agreement, each intended parent is, by operation of law, a parent of the child,
1504 notwithstanding the death of an intended parent during the period between the transfer of a gamete or embryo and the birth
1505 of the child.
1506
1507 (c) Except as otherwise provided in § 8-811, § 8-818, § 8-819, or § 8-820 of this title, an intended parent is not a
1508 parent of a child conceived by assisted reproduction under a gestational or genetic carrier agreement if the intended parent
1509 dies before the transfer of a gamete or embryo unless:
1510
1511 (1) The agreement provides otherwise; and
1512 (2) The transfer of the gamete or embryo occurs not later than 36 months after the death of the intended
1513 parent, or birth of the child occurs not later than 45 months after the death of the intended parent.
1514 § 8-807. Inspection of documents.
1515 Notwithstanding § 1063 of Title 10 and unless the court orders otherwise, a petition and any other document
1516 related to a gestational or genetic carrier agreement filed with the court under this part are not open to inspection by any
1517 individual other than the parties to the proceeding, a child conceived by assisted reproduction under the agreement, their
1518 attorneys, and the Department of Health and Social Services. A court may not authorize an individual to inspect a document
1519 related to the agreement, unless required by exigent circumstances. The individual seeking to inspect the document may be
1520 required to pay the expense of preparing a copy of the document to be inspected.
1521 Part 2. Special Rules for Gestational Carrier Agreements.
1522 § 8-804 8-808. Parental status of gestational carrier.
1523 A gestational carrier is not a parent of a child born as a result of a gestational carrier arrangement.
1524 § 8-805 8-809. Rights and responsibilities of parents under a gestational carrier agreement.
1525 (a) Any person An individual who is considered to be the parent of a child pursuant to under this chapter shall
1526 have has all the rights, responsibilities responsibities, and obligations set forth in Chapter 7 of this title.
1527 (b) The breach of the gestational carrier agreement by the intended parent(s) shall parents does not relieve such the
1528 intended parent(s) parents of the support obligations imposed by this chapter.
1529 (c) In the event of If a laboratory error occurs in which the child conceived through means other than sexual
1530 intercourse is not genetically related to either of the intended parents, when the intent was for the child to be genetically
1531 related to 1 or both intended parents, the intended parents will be are the parents of the child unless otherwise determined
by a court of competent jurisdiction in an action which can only be brought by 1 or more of the genetic parents within 60
days of the date of the child’s birth.
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1532 § 8-806 8-810. Eligibility to enter a gestational carrier agreement.
1533 (a) Prior to Before executing an agreement to act as a gestational carrier, a woman an individual must meet all of
1534 the following requirements:
1535
1536 (1) She is Be at least 21 years of age; age.
1537 (2) She has Have given birth to at least 1 child; child.
1538 (3) She has Have completed a medical evaluation; evaluation.
1539 (4) She has Have completed a mental health evaluation; evaluation.
1540 (5) She has Have been represented by independent legal counsel licensed to practice law in this State
1541 regarding the terms of the gestational carrier agreement and been advised of the potential legal consequences of the
1542 gestational carrier arrangement which legal expense shall arrangement. The legal counsel must be paid for by the
1543 intended parent(s) if requested; and parents, if requested by the gestational carrier.
1544 (6) She has or obtains prior to Have or obtain before the embryo transfer a health insurance policy that covers
1545 major medical treatments and hospitalization and the health insurance policy that has a term that extends throughout
1546 the duration of the expected pregnancy and for 8 weeks after the birth of the child; provided, however, that the policy
1547 child. The health insurance policy may be procured by the intended parent(s) parents on behalf of the gestational
1548 carrier pursuant to under the gestational carrier agreement.
1549 (b) An individual or individuals intending to become a parent or parents, parent, whether genetically related to the
1550 child or not, must meet the following requirements at the time the gestational carrier agreement is executed:
1551 (1) The individual or individuals have Have completed a mental health evaluation; and
1552 (2) The individual or individuals have Have been represented by independent legal representation counsel
1553 licensed to practice law in this State regarding the terms of the gestational carrier agreement and have been advised of
1554 the potential legal consequences of the gestational carrier arrangement.
1555 § 8-807 8-811. Requirements for a gestational carrier agreement.
1556 (a) A gestational carrier agreement shall be is enforceable if:
1557 (1) It meets the requirements set forth in subsection (b) of this section, and
1558 (2) It contains at a minimum each of the terms set forth in subsection (c) of this section.
1559 (b) A gestational carrier agreement shall must meet the following requirements:
1560 (1) It shall be Be in writing;
1561 (2) It shall be Be executed prior to before the initiation of an embryo transfer in furtherance of the gestational
carrier arrangement; arrangement by the following, who have been represented in all matters concerning the gestational
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1562 carrier arrangement and the gestational carrier agreement by independent legal counsel licensed to practice law in this
1563 State:
1564
1565 (i)a. By a A gestational carrier meeting the eligibility requirements of § 8-806(a) 8-810(a) of this title
1566 and, if married, the gestational carrier’s spouse; and
1567
1568 (ii)b. By the The intended parent(s) parents meeting the eligibility requirements of § 8-806(b) 8-810(b)
1569 of this title. In the event If an intended parent is married or a party to a civil union, both spouses must execute the
1570 gestational carrier agreement;
1571
1572 (3) The gestational carrier shall be represented by independent legal counsel and the intended parent or
1573 parents shall have been represented by independent counsel in all matters concerning the gestational carrier
1574 arrangement and the gestational carrier agreement; [Transferred to paragraph (b)(2) of this section.]
1575
1576 (4) Each of the gestational carrier and the intended parent or parents shall have signed a written
1577 acknowledgement that such Include a written acknowledgment, signed by the gestational carrier and intended parents,
1578 stating that the gestational carrier and intended parent or parents received information about the legal, financial, and
1579 contractual rights, expectations, penalties, and obligations of the gestational carrier agreement;
1580
1581 (5) If a If the gestational carrier agreement provides for the payment of compensation to the gestational
1582 carrier, require that the compensation shall have been be placed in escrow with an independent escrow agent pursuant
1583 to an escrow agreement prior to before the gestational carrier’s commencement of any medical procedure ( procedure,
1584 other than medical or mental health evaluations necessary to determine the gestational carrier’s eligibility pursuant to §
1585 8-806(a) under § 8-810(a) of this title); and title; and
1586
1587 (6) It shall be Be witnessed by 2 disinterested, competent adults.
1588 (c) A gestational carrier agreement shall must expressly provide the following:
1589
1590 (1) The written agreement of the gestational carrier to:
1591 (i)a. Undergo embryo transfer and attempt to carry and give birth to the child; and
(ii)b. Surrender custody of all resulting children the child to the intended parent or parents immediately
upon on the birth of the child(ren); child;
(2) If the gestational carrier is married, her spouse: that the gestational carrier’s spouse:
(i)a. Acknowledges and agrees to abide by the obligations imposed on the gestational carrier pursuant to
by the terms of the gestational carrier agreement; and
(ii)b. Surrenders custody of all resulting children the child to the intended parent or parents immediately
upon on the birth of the child(ren); child;
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1592 (3) The right of the gestational carrier to utilize the services of a health care provider of her the gestational
1593 carrier’s choosing, after consultation with the intended parents, to provide her the gestational carrier’s care during the
1594 pregnancy; and
1595
1596 (4) The written agreement of the intended parent or parents to:
1597 (i)a. Accept legal custody of all resulting children the child immediately upon birth; on the birth of the
1598
1599 child; and
1600 (ii)b. Assume sole responsibility for all resulting children the child immediately upon birth. on the birth
1601
1602 of the child.
1603 (d) A gestational carrier agreement shall be is enforceable even though it contains 1 or more of the following
1604 provisions:
1605
1606 (1) The gestational carrier’s agreement to undergo all medical exams, treatments, and fetal monitoring
1607 procedures that the physician recommends for the success of the pregnancy;
1608
1609 (2) The gestational carrier’s agreement to abstain from any activities that the intended parent or parents or the
1610 physician reasonably believes to be harmful to the pregnancy and future health of the child, including, without
1611 limitation, including smoking, drinking alcohol, using nonprescribed drugs, using prescription drugs not authorized by
1612 a physician aware of the gestational carrier’s pregnancy, exposure to radiation, or any other activities proscribed by a
1613 health care provider;
1614
1615 (3) The agreement of the intended parent or parents to pay the gestational carrier reasonable compensation;
1616 and
1617
1618 (4) The agreement of the intended parent or parents to pay for or reimburse the gestational carrier for
1619 reasonable expenses (including, without limitation, expenses, including medical, legal, or other professional expenses)
expenses, related to the gestational carrier arrangement and the gestational carrier agreement.
(e) In the event that If any of the requirements of this section are not met, a court of competent jurisdiction shall
determine parentage based on evidence of the parties’ intent.
(f) An escrow agent which enters into an escrow agreement with a party to a gestational carrier agreement which is
governed by Delaware law, or with a Delaware resident who is a party to a gestational carrier agreement, consents to the
jurisdiction of the Delaware courts for all proceedings related to the enforcement of the escrow agreement.
§ 8-809 8-812. Effect of noncompliance with gestational carrier agreement.
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1620 Except as otherwise provided in this chapter, in the event of noncompliance if a party does not comply with the
1621 requirements of this subchapter, a court of competent jurisdiction shall determine the respective rights and obligations of
1622 the parties.
1623
1624 § 8-810 8-813. Remedies.
1625 (a) Except as expressly provided in the gestational carrier agreement and subsection (c) of this section, the
1626 intended parent(s) shall be parents are entitled to all remedies available at law or equity.
1627 (b) Except as expressly provided in the gestational carrier agreement and subsection (c) of this section, the
1628 gestational carrier shall be is entitled to all remedies available at law or equity.
1629 (c) Specific performance is not an available remedy for a breach by the gestational carrier of a gestational carrier
1630 agreement term that requires her the gestational carrier to be impregnated.
1631 Part 3 – Special Rules for Genetic Carrier Agreements
1632 § 8-814. Eligibility to enter into a genetic carrier agreement.
1633 (a) Before executing an agreement to act as a genetic carrier, an individual must meet all of the following
1634 requirements:
1635
1636 (1) Be at least 21 years of age.
1637 (2) Have given birth to at least 1 child.
1638 (3) Have completed a medical evaluation.
1639 (4) Have completed a mental health evaluation.
1640 (5) Have been represented by independent legal counsel licensed to practice law in this State regarding the
1641 terms of the genetic carrier agreement and been advised of the potential legal consequences of the genetic carrier
1642 arrangement. The legal counsel must be paid for by the intended parents, if requested by the genetic carrier.
1643 (6) Have or obtain before the embryo transfer a health insurance policy that covers major medical treatments
1644 and hospitalization and that has a term that extends throughout the duration of the expected pregnancy and for 8 weeks
1645 after the birth of the child. The health insurance policy may be procured by the intended parents on behalf of the
1646 genetic carrier under the genetic carrier agreement.
1647 (b) An individual intending to become a parent, whether genetically related to the child or not, must meet the
following requirements at the time the genetic carrier agreement is executed:
(1) Have completed a mental health evaluation; and
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1648 (2) Have been represented by independent legal counsel licensed to practice law in this State regarding the
1649 terms of the genetic carrier agreement and have been advised of the potential legal consequences of the genetic carrier
1650 arrangement.
1651
1652 § 8-815. Requirements for a genetic carrier agreement.
1653 (a) A genetic carrier agreement is enforceable if:
1654
1655 (1) It meets the requirements set forth in subsection (b) of this section; and
1656 (2) It contains, at a minimum, each of the terms set forth in subsection (c) of this section.
1657 (b) A genetic carrier agreement must meet the following requirements:
1658 (1) Be in writing;
1659 (2) Be executed before the initiation of assisted reproduction in furtherance of the genetic carrier arrangement
1660 by the following, who have been represented in all matters concerning the genetic carrier arrangement and the genetic
1661 carrier agreement:
1662
1663 a. A genetic carrier meeting the eligibility requirements of § 8-814(a) of this title and, if married, the
1664 genetic carrier’s spouse; and
1665
1666 b. The intended parents meeting the eligibility requirements of § 8-814(b) of this title. If an intended
1667 parent is married or a party to a civil union, both spouses must execute the genetic carrier agreement;
1668
1669 (3) Include a written acknowledgment, signed by the genetic carrier and intended parents, stating that the
1670 genetic carrier and intended parents received information about the legal, financial, and contractual rights,
1671 expectations, penalties, and obligations of the genetic carrier agreement;
1672
1673 (4) If the genetic carrier agreement provides for the payment of compensation to the genetic carrier, require
1674 that the compensation be placed in escrow with an independent escrow agent pursuant to an escrow agreement before
1675 the genetic carrier’s commencement of any medical procedure, other than medical or mental health evaluations
1676 necessary to determine the genetic carrier’s eligibility under § 8-814(a) of this title; and
1677
(5) Be witnessed by 2 disinterested, competent adults.
(c) A genetic carrier agreement must expressly provide the following:
(1) The written agreement of the genetic carrier to:
a. Undergo assisted reproduction using the genetic carrier’s own gamete and attempt to carry and give
birth to the child; and
b. Surrender custody of the child to the intended parents immediately on the birth of the child;
(2) If the genetic carrier is married, that the genetic carrier’s spouse:
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1678 a. Acknowledges and agrees to abide by the obligations imposed on the genetic carrier by the terms of the
1679 genetic carrier agreement; and
1680
1681 b. Surrenders custody of the child to the intended parents immediately on the birth of the child;
1682 (3) The right of the genetic carrier to utilize the services of a health care provider of the genetic carrier’s
1683 choosing, after consultation with the intended parents, to provide the genetic carrier’s care during the pregnancy; and
1684 (4) The written agreement of the intended parents to:
1685
1686 a. Accept legal custody of the child immediately on birth of the child; and
1687 b. Assume sole responsibility for the child immediately on birth of the child.
1688 (d) A genetic carrier agreement is enforceable even though it contains 1 or more of the following provisions:
1689 (1) The genetic carrier’s agreement to undergo all medical exams, treatments, and fetal monitoring procedures
1690 that the physician recommends for the success of the pregnancy;
1691 (2) The genetic carrier’s agreement to abstain from any activities that the intended parents or the physician
1692 reasonably believes to be harmful to the pregnancy and future health of the child, including smoking, drinking alcohol,
1693 using nonprescribed drugs, using prescription drugs not authorized by a physician aware of the genetic carrier’s
1694 pregnancy, exposure to radiation, or any other activities proscribed by a health care provider;
1695 (3) The agreement of the intended parents to pay the genetic carrier reasonable compensation; and
1696 (4) The agreement of the intended parents to pay for or reimburse the genetic carrier for reasonable expenses,
1697 including medical, legal, or other professional expenses, related to the genetic carrier arrangement and the genetic
1698 carrier agreement.
1699 (e) An escrow agent which enters into an escrow agreement with a party to a genetic carrier agreement which is
1700 governed by Delaware law, or with a Delaware resident who is a party to a genetic carrier agreement, consents to the
1701 jurisdiction of the Delaware courts for all proceedings related to the enforcement of the escrow agreement.
1702 § 8-816. Requirements to validate genetic carrier agreement.
1703 (a) Except as otherwise provided in § 8-820 of this title, to be enforceable, a genetic carrier agreement must be
1704 validated by the court. A proceeding to validate the agreement must be commenced before assisted reproduction related to
1705 the genetic carrier agreement.
1706 (b) The court shall issue an order validating the genetic carrier agreement if the court finds that:
(1) Sections 8-814 and 8-815 of this title are satisfied; and
(2) All parties entered into the agreement voluntarily and understand its terms.
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1707 (c) An individual who terminates under § 8-817 of this title a genetic carrier agreement shall file notice of the
1708 termination with the court. On receipt of the notice, the court shall vacate any order issued under subsection (b) of this
1709 section. An individual who does not notify the court of the termination of the agreement is subject to sanctions.
1710
1711 § 8-817. Termination of genetic carrier agreement.
1712 (a) A party to a genetic carrier agreement may terminate the agreement as follows:
1713
1714 (1) An intended parent who is a party to the agreement may terminate the agreement at any time before a
1715 gamete or embryo transfer by giving notice of termination in a record to all other parties. If a gamete or embryo
1716 transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent gamete or
1717 embryo transfer. The notice of termination must be attested by a notarial officer or witnessed.
1718
1719 (2) A genetic carrier who is a party to the agreement may withdraw consent to the agreement any time before
1720 72 hours after the birth of a child conceived by assisted reproduction under the agreement. To withdraw consent, the
1721 genetic carrier must execute a notice of termination in a record stating the genetic carrier’s intent to terminate the
1722 agreement. The notice of termination must be attested by a notarial officer or witnessed and be delivered to each
1723 intended parent any time before 72 hours after the birth of the child.
1724
1725 (b) On termination of the genetic carrier agreement under subsection (a) of this section, the parties are released
1726 from all obligations under the agreement except that each intended parent remains responsible for all expenses incurred by
1727 the genetic carrier through the date of termination which are reimbursable under the genetic carrier agreement. Unless the
1728 genetic carrier agreement provides otherwise, the genetic carrier is not entitled to any non-expense related compensation
1729 paid for serving as a genetic carrier.
1730
1731 (c) Except in a case involving fraud, neither a genetic carrier nor the carrier’s spouse or former spouse, if any, is
1732 liable to the intended parent or parents for a penalty or liquidated damages, for terminating a genetic carrier agreement
1733 under this section.
1734
1735 § 8-818. Parentage under validated genetic carrier agreement.
1736 (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 reproduction under an agreement validated under § 8-816
of this title.
(b) Unless a genetic carrier exercises the right under § 8-817 of this title to terminate the genetic carrier agreement,
on proof of a court order issued under § 8-816 of this title validating the agreement, the court shall make an order:
(1) Declaring that each intended parent is a parent of a child conceived by assisted reproduction under the
agreement and ordering that parental rights and duties vest exclusively in each intended parent;
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1737 (2) Declaring that the genetic carrier and the genetic carrier’s spouse or former spouse, if any, are not parents
1738 of the child;
1739
1740 (3) Designating the contents of the birth certificate in accordance with subchapter II of Chapter 31 of Title 16
1741 and directing the Office of Vital Statistics to designate each intended parent as a parent of the child;
1742
1743 (4) To protect the privacy of the child and the parties, declaring that the court record is not open to inspection
1744 except as authorized under § 8-807 of this title;
1745
1746 (5) If necessary, that the child be surrendered to the intended parents; and
1747 (6) For other relief the court determines necessary and proper.
1748 (c) If a genetic carrier terminates under § 8-817(a)(2) of this title a genetic carrier agreement, parentage of the
1749 child conceived by assisted reproduction under the agreement must be determined under subchapters I through VI of this
1750 chapter.
1751 (d) If a child born to a genetic carrier is alleged not to have been conceived by assisted reproduction, the court
1752 shall order genetic testing to determine the genetic parentage of the child. If the child was not conceived by assisted
1753 reproduction, parentage must be determined under subchapter I through VI of this chapter. Unless the genetic carrier
1754 agreement provides otherwise, if the child was not conceived by assisted reproduction the genetic carrier is not entitled to
1755 any non-expense related compensation paid for serving as a genetic carrier.
1756 (e) Unless a genetic carrier exercises the right under § 8-817 of this title to terminate the genetic carrier agreement,
1757 if an intended parent fails to file notice required under § 8-817(a) of this title, the genetic carrier or Department of Health
1758 and Social Services may file with the court, not later than 60 days after the birth of a child conceived by assisted
1759 reproduction under the agreement, notice that the child has been born to the genetic carrier. Unless the genetic carrier has
1760 properly exercised the right under § 8-817 of this title to withdraw consent to the agreement, on proof of a court order
1761 issued under § 8-816 of this title validating the agreement, the court shall order that each intended parent is a parent of the
1762 child.
1763 § 8-819. Rights and responsibilities of parents under a genetic carrier agreement.
1764 (a) An individual who is considered to be the parent of a child under this chapter has all the rights, responsibilities,
1765 and obligations set forth in Chapter 7 of this title.
1766 (b) The breach of the genetic carrier agreement by the intended parents does not relieve the intended parents of the
support obligations imposed by this chapter.
(c) If a laboratory error in which the child conceived through means other than sexual intercourse is not genetically
related to either of the intended parents, when the intent was for the child to be genetically related to one of the intended
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1767 parents, the intended parents are the parents of the child unless otherwise determined by a court of competent jurisdiction in
1768 an action which can only be brought by 1 or more of the genetic parents within 60 days of the date of the child’s birth.
1769
1770 § 8-820. Effect of nonvalidated genetic carrier agreement.
1771 (a) A genetic carrier agreement, whether or not in a record, that is not validated under § 8-816 of this title is
1772 enforceable only to the extent provided in this section and § 8-821 of this title.
1773 (b) If all parties agree, a court may validate a genetic carrier agreement after assisted reproduction has occurred but
1774 before the birth of a child conceived by assisted reproduction under the agreement.
1775 (c) If a child conceived by assisted reproduction under a genetic carrier agreement that is not validated under § 8-
1776 816 of this title is born and the genetic carrier, consistent with § 8-817(a)(2) of this title, withdraws the genetic carrier’s
1777 consent to the agreement before 72 hours after the birth of the child, the court shall adjudicate the parentage of the child
1778 under subchapters I through VI of this chapter.
1779 (d) If a child conceived by assisted reproduction under a genetic carrier agreement that is not validated under § 8-
1780 816 of this title is born and a genetic carrier does not withdraw the genetic carrier’s consent to the agreement, consistent
1781 with § 8-817(a)(2) of this title, before 72 hours after the birth of the child, the genetic carrier is not automatically a parent
1782 and the court shall adjudicate parentage of the child based on the best interest of the child, taking into account the factors in
1783 § 8-613(a) of this title and the intent of the parties at the time of the execution of the agreement.
1784 (e) The parties to a genetic carrier agreement have standing to maintain a proceeding to adjudicate parentage under
1785 this section.
1786 § 8-821. Breach of genetic carrier agreement.
1787 (a) Subject to § 8-816(b) of this title, if a genetic carrier agreement is breached by a genetic carrier or 1 or more
1788 intended parents, the non-breaching party is entitled to the remedies available at law or in equity.
1789 (b) Specific performance is not a remedy available for breach by a genetic carrier of a requirement of a validated
1790 or non-validated genetic carrier agreement that the genetic carrier be impregnated, terminate or not terminate a pregnancy,
1791 or submit to medical procedures.
1792 (c) Except as otherwise provided in subsection (b) of this section, specific performance is a remedy available for:
1793
1794 (1) Breach of a validated genetic carrier agreement by a genetic carrier of a requirement which prevents an
1795 intended parent from exercising the full rights of parentage 72 hours after the birth of the child; or
1796
(2) Breach by an intended parent which prevents the intended parent’s acceptance of duties of parentage 72
hours after the birth of the child.
Part 4. Miscellaneous Provisions.
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1797 § 8-808 8-822. Immunities.
1798 Except as provided in this subchapter, no person shall be an individual is not liable for non-negligent actions taken
1799 pursuant to under the requirements of this subchapter.
1800 § 8-811 8-823. Severability.
1801 If any provision of this subchapter or its application to any person individual or circumstance is held to be invalid,
1802 the invalidity of that provision or application does not affect other provisions or applications of this subchapter that can be
1803 given effect without the invalid provision or application.
1804 § 8-812 8-824. Irrevocability.
1805 No An action to invalidate a gestational or genetic carrier agreement meeting the requirements of § 8-807(b) of
1806 this title this subchapter or to challenge the rights of parentage established pursuant to under this subchapter shall
1807 commence may not be commenced after 12 months from the date of birth of the child subject to § 8-606(e) of this title.
1808 child.
1809 § 8-813 8-825. Application.
1810 (a) The rule of construction that statutes in derogation of the common law are to be strictly construed shall have no
1811 application does not apply to this subchapter. This subchapter shall must be broadly construed to accomplish its intended
1812 purposes.
1813 (b) The provisions of this subchapter shall apply Part 2 of this subchapter, as enacted by § 8 of Chapter 88 of
1814 Volume 79 of the Laws of Delaware, applies only to gestational carrier agreements executed after July 3, 2013, and before
1815 [the effective date of this Act], except proceedings for pre-birth determination of parentage pursuant to § 8-611(a) 8-617 of
1816 this title which may be commenced on or after July 3, 2013. 2013, and before [the effective date of this Act].
1817 (c) Part 2 of this subchapter, as enacted by [the Act of the 153rd General Assembly that enacted this Act and is
1818 chaptered in Volume 85 of the Laws of Delaware], applies to gestational carrier agreements executed, or gestational carrier
1819 arrangements made, on or after [the effective date of this Act].
1820 (d) Part 3 of this subchapter applies to genetic carrier agreements executed, or genetic carrier arrangements made,
1821 before, on, or after [the effective date of this Act].
1822 Section 91. Amend Chapter 8, Title 13 of the Delaware Code by making deletions as shown by strike through and
1823 insertions as shown by underline as follows:
1824 Subchapter X. Miscellaneous Provisions.
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1825 Section 92. Amend Chapter 8, Title 13 of the Delaware Code by transferring §§ 8-901 through 8-8-904 of Title 13
1826 of the Delaware Code from Subchapter IX, Chapter 8, Title 13 of the Delaware Code to Subchapter X, Chapter 8, Title 13
1827 of the Delaware Code and redesignating accordingly.
1828
1829 Section 93. Amend Chapter 8, Title 13 of the Delaware Code by making deletions as shown by strike through and
1830 insertions as shown by underline as follows:
1831
1832 Subchapter IX. Miscellaneous Provisions. Information About Donor.
1833 § 8- 901. Definitions.
1834 In this subchapter:
1835
1836 (1) “Identifying information” means:
1837 a. The full name of a donor;
1838 b. The date of birth of the donor; and
1839 c. The permanent and, if different, current address, telephone number, and electronic mail address of the
1840
1841 donor at the time of the donation.
1842 (2) “Medical history” means information regarding any:
1843 a. Present illness of a donor;
1844 b. Past illness of the donor; and
1845 c. Social, genetic, and family history pertaining to the health of the donor.
1846
1847 § 8-902. Applicability.
1848 This subchapter applies only to gametes collected on or after [the effective date of this Act].
1849 § 8-903. Collection of information.
1850 (a) A gamete bank or fertility clinic licensed in this State shall collect from a donor the donor’s identifying
1851 information and medical history at the time of the donation.
1852 (b) A gamete bank or fertility clinic licensed in this State which receives gametes of a donor collected by another
gamete bank or fertility clinic shall collect the name, address, telephone number, and electronic mail address of the gamete
bank or fertility clinic from which it received the gametes.
(c) A gamete bank or fertility clinic licensed in this State shall disclose the information collected under subsections
(a) and (b) of this section as provided under § 8-904 of this tile.
§ 8-904. Disclosure of identifying information and medical history.
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1853 (a) On request of a child conceived by assisted reproduction who attains 18 years of age, a gamete bank or fertility
1854 clinic licensed in this State which collected the gametes used in the assisted reproduction shall provide the child with
1855 identifying information of the donor who provided the gametes.
1856
1857 (b) Regardless whether a child has made a request under subsection (a) of this section, on request of a child
1858 conceived by assisted reproduction who attains 18 years of age, or, if the child is a minor, of a parent or guardian of the
1859 child, a gamete bank or fertility clinic licensed in this State which collected the gametes used in the assisted reproduction
1860 shall provide the child or, if the child is a minor, the parent or guardian of the child, access to nonidentifying medical
1861 history of the donor.
1862
1863 (c) On request of a child conceived by assisted reproduction who attains 18 years of age, or, if the child is a minor,
1864 of a parent or guardian of the child, a gamete bank or fertility clinic licensed in this State which received the gametes used
1865 in the assisted reproduction from another gamete bank or fertility clinic shall disclose to the child or, if the child is a minor,
1866 the parent or guardian of the child, the name, address, telephone number, and electronic mail address of the gamete bank or
1867 fertility clinic from which it received the gametes.
1868
1869 § 8-905. Recordkeeping.
1870 (a) A gamete bank or fertility clinic licensed in this State which collects gametes for use in assisted reproduction
1871 shall maintain identifying information and medical history about each gamete donor. The gamete bank or fertility clinic
1872 shall maintain records of gamete screening and testing and comply with reporting requirements, in accordance with federal
1873 law and applicable law of this State other than this chapter.
1874 (b) A gamete bank or fertility clinic licensed in this State that receives gametes from another gamete bank or
1875 fertility clinic shall maintain the name, address, telephone number, and electronic mail address of the gamete bank or
1876 fertility clinic from which it received the gametes
1877 Section 94. Amend § 8-1001, Title 13 of the Delaware Code by making deletions as shown by strike through and
1878 insertions as shown by underline as follows:
1879 § 8-1001. Uniformity of application and construction.
1880 In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the
1881 law with respect to its subject matter among states that enact it.
Section 95. Amend § 8-1002, Title 13 of the Delaware Code by making deletions as shown by strike through and
insertions as shown by underline as follows:
§ 8-1002. Severability clause. Relation to Electronic Signatures in Global and National Commerce Act.
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1882 If any provision of this chapter or its application to an individual or circumstance is held invalid, the invalidity
1883 does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or
1884 application, and to this end the provisions of this chapter are severable. This chapter modifies, limits, or supersedes the
1885 Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or
1886 supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices
1887 described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
1888
1889 Section 96. Amend § 8-1003, Title 13 of the Delaware Code by making deletions as shown by strike through and
1890 insertions as shown by underline as follows:
1891
1892 § 8-1003. Effective date; effect Effect on existing parentage.
1893 This chapter takes effect on January 1, 2004. Any A determination of parentage or nonparentage made under the
1894 law of this State prior to January 1, 2004, before the enactment of Chapter 136 of Volume 74 of the Laws of Delaware,
1895 Chapter 88 of Volume 79 of the Laws of Delaware, and [the Act of the 153rd General Assembly that enacted this Act and is
1896 chaptered in Volume 85 of the Laws of Delaware] remains in force and effect.
1897 Section 97. Amend § 8-1004, Title 13 of the Delaware Code by making deletions as shown by strike through and
1898 insertions as shown by underline as follows:
1899 § 8-1004. Transitional provision.
1900 A proceeding to adjudicate parentage which was commenced before January 1, 2004, is governed by the law in
1901 effect at the time the proceeding was commenced. This chapter applies to a pending proceeding to adjudicate parentage
1902 commenced before [the effective date of this Act] for an issue on which a judgment has not been entered.
1903 Section 98. Amend § 5901, Title 10 of the Delaware Code by making deletions as shown by strike through and
1904 insertions as shown by underline as follows:
1905 § 5901. Petition for change of name.
1906 (b) Family Court shall have jurisdiction over a change of name:
1907
1908 (2) As part of the establishment of paternity parentage under the Uniform Parentage Act [Chapter 8 of Title
1909 13]; or Act, Chapter 8 of Title 13; or
1910
1911 Section 99. Amend § 129, Title 13 of the Delaware Code by making deletions as shown by strike through and
insertions as shown by underline as follows:
§ 129. Equal treatment of marital relationships.
(d) The rights of same-gender married spouses, with respect to a child of whom either spouse becomes the parent
during their marriage, shall be the same as the rights (including presumptions of parentage, paternity and maternity in the
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1912 presumption of parentage under Chapter 8 of this title) of different-gender married spouses with respect to a child of whom
1913 either spouse becomes the parent during their marriage.
1914
1915 Section 100. Amend § 6-102, Title 13 of the Delaware Code by making deletions as shown by strike through and
1916 insertions as shown by underline as follows:
1917
1918 § 6-102. Definitions.
1919 In this chapter:
1920
1921 (12) “Intended parent” means as defined in § 8-102 of this title.
1922 (20) “Parent” means as defined in § 8-102 of this title.
1923 (21) “Parentage” means as defined in § 8-102 of this title.
1924 (22) “Presumed parent” means as defined in § 8-102 of this title.
1925 Section 101. Amend § 6-401, Title 13 of the Delaware Code by making deletions as shown by strike through and
1926 insertions as shown by underline as follows:
1927 § 6-401. Establishment of support order.
1928 (b) The tribunal may issue a temporary child-support order if the tribunal determines that such an order is
1929 appropriate and the individual ordered to pay is:
1930 (1) A presumed father parent of the child;
1931 (2) Petitioning to have the individual’s own paternity parentage adjudicated;
1932 (3) Identified as the father genetic parent of the child through genetic testing;
1933 (4) An alleged father parent who has declined to submit to genetic testing;
1934 (5) Shown by clear and convincing evidence to be the father parent of the child;
1935 (6) Shown by clear and convincing evidence to be an intended parent;
1936 (6)(7) An acknowledged father parent as provided by Chapter 8 of this title;
1937 (7)(8) The mother of the child; or
1938 (8)(9) An individual who has been ordered to pay child support in a previous proceeding and the order has not
1939 been reversed or vacated.
1940 Section 102. Amend § 901, Title 13 of the Delaware Code by making deletions as shown by strike through and
1941 insertions as shown by underline as follows and by redesignating accordingly:
§ 901. Definitions.
For the purposes of this chapter:
(3) “Alleged genetic parent” means as defined in § 8-102 of this title.
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1942 (5)(4) “Birth parent” means: means all of the following:
1943 a. The biological mother of a child; individual who gave birth to a child.
1944 b. The named father of a child An alleged genetic parent who consented to the termination of his parental
1945
1946 rights; or rights.
1947 c. The father whose paternity is presumed pursuant to Chapter 8 of this title. A presumed parent.
1948 d. An individual who has established a parent-child relationship under § 8-201 of this title.
1949
1950 (6)(5) “Child” means any male or female an individual who has not attained such child’s the individual’s
1951 eighteenth birthday.
1952
1953 (15) “Presumed parent” means as defined in § 8-102 of this title.
1954 Section 103. Amend § 906, Title 13 of the Delaware Code by making deletions as shown by strike through and
1955 insertions as shown by underline as follows:
1956 § 906. Contents of petition for adoption.
1957 The petition shall state:
1958
1959 (7) If, in the case of an adoption by a stepparent or blood relative, there has not been a prior legal termination
1960 of parental rights, the petition shall also include:
1961
1962 a. The name and residence of the mother and natural father or any presumed father, as defined in Chapter
1963 8 of this title, any birth parent of the child whose adoption is sought. If either or both parents are any birth parent is
1964 deceased, a statement to that effect, with a certified copy of the death certificate or certificates attached.
1965
1966 b. The mother’s the individual who gave birth’s marital status at the time of the child’s conception and
1967 birth. In the event that the mother If the individual who gave birth was not married at the time of the child’s
1968 conception or birth, or in the event that she if the individual was married at the time of the child’s conception or
1969 birth but her husband the individual’s spouse at those times is not the child’s natural father, a parent of the child,
1970 an affidavit by the mother setting forth either: individual who gave birth stating at least 1 of the following:
1971
1. The name and last known address of the natural father; or the alleged genetic parent.
2. A statement that the mother individual who gave birth knows the name of the natural father
alleged genetic parent but is unwilling to disclose the name of the natural father; or alleged genetic parent.
3. A statement that the mother individual who gave birth does not know the name of the natural
father; or alleged genetic parent.
4. The name of the natural father, alleged genetic parent, and a statement that the mother individual
who gave birth has never known his the alleged genetic parent’s address.
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1972 c. In the case of a stepparent adoption where the petitioner is the wife spouse of the alleged natural father
1973 alleged genetic parent and the child to be adopted has been born out of wedlock to the father alleged genetic parent
1974 and another woman, individual, evidence of paternity blood testing genetic testing under § 8-504 of this title which
1975 does not exclude the alleged natural father. alleged genetic parent.
1976 Section 104. Amend § 908, Title 13 of the Delaware Code by making deletions as shown by strike through and
1977 insertions as shown by underline as follows:
1978 § 908. Right to consent.
1979 (b) In the case of an adoption by a stepparent or blood relative, the consent to the adoption shall be granted as
1980 follows:
1981
1982 (1) By mother of the individual who gave birth to a child; and
1983 (2) The biological father alleged genetic parent and any presumed father parent of a child; provided, however,
1984 that the consent of the alleged biological father genetic parent or presumed father parent need not contain an admission
1985 that he is the father. the alleged genetic parent or presumed parent is a parent of the child. In the event that the named
1986 biological If the alleged genetic parent or presumed father disclaims paternity, parent disclaims parentage, an affidavit
1987 signed by him the alleged genetic parent or presumed parent to that effect shall must be attached to the petition in lieu
1988 of a consent from the natural or presumed father. alleged genetic parent or presumed parent. It is further provided that
1989 in the event of If a petition is filed containing statements described in § 906(7)b.1., 3. or 4. of this title, after a hearing
1990 in which it is established on the record that the mother and father birth parents of the child are not living together as
1991 husband and wife married couple openly and that they have not done so nor married since the birth of the child, the
1992 Court may, following consideration of the social report, dispense with the requirement of the father’s consent in
1993 compliance with § 932 of this title.
1994 Section 105. Amend § 911, Title 13 of the Delaware Code by making deletions as shown by strike through and
1995 insertions as shown by underline as follows:
1996 § 911. Religious affiliation.
1997 (a) If either natural any birth parent, in a notarized statement made prior to the placement for adoption, specifies
1998 the religion in which such parent desires the child to be raised, the Department or licensed agency shall make placement in
1999 accordance with such statement. If the natural parents declare any birth parent declares indifference to the religion in which
2000 the child should be reared, or if their religion is not known, or if there is none, then the Department or licensed agency shall
make placement without regard to religion.
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2001 Section 106. Amend § 912, Title 13 of the Delaware Code by making deletions as shown by strike through and
2002 insertions as shown by underline as follows:
2003
2004 § 912. Social study and report.
2005 (b) The report shall include:
2006
2007 (1) Information regarding the child, its the child’s background, its and the child’s eligibility for adoption;
2008 Section 107. Amend § 920, Title 13 of the Delaware Code by making deletions as shown by strike through and
2009 insertions as shown by underline as follows:
2010 § 920. Effect of adoption on inheritance.
2011 (a) Upon the issuance of a decree of adoption, the adopted child shall lose all rights of inheritance from its natural
2012 the child’s birth parent or parents and from their collateral or lineal relatives. The rights of the natural birth parent or
2013 parents or their collateral or lineal relatives to inherit from such the child shall cease upon the adoption.
2014 (b) Upon the issuance of a decree of adoption, the adopted child shall acquire the right to inherit from its the
2015 child’s adoptive parent or parents and from the collateral or lineal relatives of such adoptive parent or parents, and the
2016 adoptive parent or parents and the collateral or lineal relatives of the adoptive parent or parents shall at the same time
2017 acquire the right to inherit from the adopted child.
2018 Section 108. Amend § 921, Title 13 of the Delaware Code by making deletions as shown by strike through and
2019 insertions as shown by underline as follows:
2020 § 921. Report of vital statistics data.
2021 (a) Upon the entry of a decree of adoption, the Clerk of the Family Court shall forward to the Department of
2022 Health and Social Services, Office of Vital Statistics, a report on the form provided for this purpose, which shall include the
2023 following information:
2024
2025 (1) Prior legal name of the child and such child’s sex; sex.
2026 (2) Date and place of birth of the child; child.
2027 (3) Name of the father each birth parent as stated on the original birth certificate, if stated; stated.
2028 (4) If applicable, that father’s Each birth parent’s primary address and Social Security number; number.
2029 (5) Maiden name of birth mother; If applicable, a birth parent’s maiden name.
2030 (6) Birth mother’s primary address and Social Security number; [Repealed.]
(7) Child’s name after adoption; adoption.
(8) Name of adoptive father, Name, including any maiden name, place and date of adoptive father’s birth, and
adoptive father’s occupation; occupation of each adoptive parent.
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2031 (9) Maiden name of adoptive mother, place and date of adoptive mother’s birth, and adoptive mother’s
2032 occupation; and [Repealed.]
2033
2034 (10) Address of adoptive parents.
2035 Section 109. Amend § 923, Title 13 of the Delaware Code by making deletions as shown by strike through and
2036 insertions as shown by underline as follows:
2037 § 923. Confidential nature of information; old and new birth certificates.
2038 (a) Except as provided in subchapter III of this chapter, all information regarding any adoption which is furnished
2039 to any State Registrar shall be confidential and not open to public inspection. The names of the biological or previous legal
2040 birth parent or birth parents or the former name of the child shall not be furnished to the adoptive parents, nor shall the
2041 name of the adoptive parents be furnished to the biological or previous legal birth parent or parents and, after the entry of
2042 the decree of adoption, the original record of birth shall be impounded and all birth certificates shall be issued in the
2043 adoptive name only, if a new name has been assumed, and shall contain no reference to the former name or background or
2044 the fact of adoption.
2045 (c) If an adoptee 21 years of age or older seeks vital records about any event occurring before January 18, 1999,
2046 the Office of Vital Statistics shall consult Family Court to determine whether there is an affidavit on file expressing a desire
2047 by either birthparent to keep information about the adoption confidential.
2048
2049 (2) If there is an affidavit on file with Family Court denying the release of information, or if there is no
2050 affidavit on file with Family Court, the Office of Vital Statistics shall send notice, as described below, by United States
2051 mail to the birthparent or birthparents. birth parent or birth parents.
2052
2053 a. The Office of Vital Statistics shall search a computerized telephone or address database, as well as
2054 Delaware’s Division of Motor Vehicles and voter records in order to determine the most likely address of the
2055 birthparent. Such notice shall be sent to that address. If no current address is available, then notice shall be sent to
2056 the last known address for the birthparent or birthparents. birth parent or birth parents. Such notification shall be
2057 mailed within 30 days from when the adoptee requested release of the records.
2058
2059 b. The Office of Vital Statistics shall notify the birthparent or birthparents birth parent or birth parents of
2060 the legal requirements for maintaining confidentiality and shall provide them with the appropriate forms. The
Office of Vital Statistics shall also advise the birthparent or birthparents birth parent or birth parents that in the
event that a written notarized statement denying the release of information is not received within 35 days from the
date of the mailing of the notification required in paragraph (c)(1)a. of this section then the Office of Vital
Statistics will release the records to the adoptee.
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2061 2. If no such written statement is received within 35 days from the date of the mailing of the
2062 notification required in paragraph (c)(1)a. of this section or if the birthparent or birthparents the birth parent or
2063 birth parents specifically authorizes release, then the Office of Vital Statistics shall release the records to the
2064 adoptee.
2065 Section 110. Amend § 925, Title 13 of the Delaware Code by making deletions as shown by strike through and
2066 insertions as shown by underline as follows:
2067 § 925. Inspection of Court records.
2068 Except as provided in subchapter III of this chapter, anyone wishing to inspect any of the papers filed in
2069 connection with any adoption shall petition the Judge of the Family Court concerned setting forth the reasons for the
2070 inspection. The Judge shall refer the petition to the Department or licensed agency for investigation and recommendation.
2071 If in the opinion of the Court, the information is necessary, and the interest of the adopted individual, the biological or
2072 previous legal parent or parents birth parent or birth parents or of the adoptive parents will not be prejudiced by its
2073 disclosure, the Court shall issue an order permitting the release of the information and setting forth the terms under which it
2074 shall be released.
2075 Section 111. Amend § 928, Title 13 of the Delaware Code by making deletions as shown by strike through and
2076 insertions as shown by underline as follows:
2077 § 928. Contributions and fees.
2078 (a) No biological birth parent of any child whose adoption is proposed shall receive any contribution, fee, subsidy
2079 or emolument of any sort from any person or organization having any connection or association with the placement of the
2080 child for adoption or with the adoption.
2081 Section 112. Amend § 930, Title 13 of the Delaware Code by making deletions as shown by strike through and
2082 insertions as shown by underline as follows:
2083 § 930. Advertising for adoption.
2084 No natural birth parent or prospective adoptive parent, nor anyone acting on behalf of such natural the birth parent
2085 or prospective adoptive parent, and no person, firm, corporation, organization or other legal entity, except the Department
2086 or a licensed agency, shall advertise in this State regarding the availability of adoption services or for the placement of a
2087 child for the purpose of adoption.
2088 Section 113. Amend § 1101, Title 13 of the Delaware Code by making deletions as shown by strike through and
2089 insertions as shown by underline as follows:
2090 § 1101. Definitions.
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2091 As used in this chapter:
2092 (1) “Alleged father” genetic parent” means as defined in § 8-102 of this title.
2093 (8) “Father” means an individual who has established a father-child relationship under § 8-201(b) of this title.
2094
2095 [Repealed.]
2096 (12) “Mother” means an individual who has established a mother-child relationship under § 8-201(a) of this
2097
2098 title. [Repealed.]
2099 (14) “Parent” means as defined in § 8-102 of this title.
2100 (18) “Presumed father” parent” means as defined in § 8-102 of this title.
2101
2102 Section 114. Amend § 1103, Title 13 of the Delaware Code by making deletions as shown by strike through and
2103 insertions as shown by underline as follows:
2104
2105 § 1103. Grounds for termination of parental rights.
2106 (a) The procedure for termination of parental rights for the purpose of adoption or, if a suitable adoption plan
2107 cannot be effected, for the purpose of providing for the care of a child by another plan which may or may not contemplate
2108 the continued possibility of eventual adoption, may be initiated when it appears to be in the child’s best interest and 1 or
2109 more of the following grounds exist:
2110
2111 (3) Unintentional abandonment. —
2112 The Court finds that the respondent abandoned the child and the abandonment was unintentional. The
2113 respondent’s subsequent conduct does not cure the abandonment. Unintentional abandonment is evidenced by both of
2114 the following:
2115
2116 a. For at least 12 consecutive months of the 18 months preceding the filing of the petition, the respondent
2117 has failed to do all of the following:
2118
2119 2. File or pursue a pending petition to establish paternity parentage or to establish a right to have
2120 contact or visitation with the child.
3. Placing the child in the respondent’s legal and physical custody would pose a risk of substantial
harm to the child’s physical or psychological well-being because the respondent is unfit to maintain a
relationship of parent and child with the child, as indicated by at least 1 of the following:
B. The respondent’s behavior during the mother’s other parent’s pregnancy or since the child’s
birth.
Section 115. Amend § 1104, Title 13 of the Delaware Code by making deletions as shown by strike through and
insertions as shown by underline as follows:
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2121 § 1104. Eligibility to petition for termination of parental rights.
2122 A petition for the termination of parental rights may be filed by any of the following:
2123
2124 (1) A parent or presumed father parent of the child.
2125 Section 116. Amend § 1105, Title 13 of the Delaware Code by making deletions as shown by strike through and
2126 insertions as shown by underline as follows:
2127 § 1105. Contents of petition.
2128 (a) A petition for the termination of parental rights must state all of the following:
2129
2130 (4) The name and address of each parent or presumed father, parent, or name and address of the organization
2131 holding parental rights.
2132
2133 (5)a. If the name and address of the father a parent other than the individual who gave birth to the child is not
2134 provided under paragraph (a)(4) of this section, a statement with an affidavit from the petitioner must be attached to the
2135 petition, stating at least 1 of the following:
2136
2137 1. The mother the individual who gave birth to the child knows the name of the father alleged genetic
2138 parent but is unwilling to disclose the father’s alleged genetic parent’s name.
2139
2140 2. The mother individual who gave birth to the child does not know the father’s alleged genetic
2141 parent’s name.
2142
2143 3. The mother individual who gave birth to the child knows the father’s alleged genetic parent’s
2144 name and has provided it, but the mother individual who gave birth to the child has never known the father’s
2145 alleged genetic parent’s address.
2146
2147 4. The mother’s husband when the child was conceived or born, if any, individual who gave birth to
2148 the child’s spouse at conception or birth of the child is not the child’s father. parent.
2149
b. If the mother individual who gave birth to the child is unavailable or refuses to provide the information
required under paragraph (a)(5)a. of this section, the petition must include as much information that is required
under paragraph (a)(5)a. of this section as the petitioner knows.
c. If the name or address of a parent is omitted, the petition must include detailed information on the
efforts made to locate the missing name or address. The information must include a statement that the petitioner
has inquired to determine if either of the following apply to the individual who gave birth to the child:
1. The individual was married at or after the probable time of the child’s conception.
2. The individual named a father another parent on the child’s birth certificate.
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2150 Section 117. Amend § 1106, Title 13 of the Delaware Code by making deletions as shown by strike through and
2151 insertions as shown by underline as follows:
2152
2153 § 1106. Consent requirements.
2154 (a) In a proceeding under § 1103(a)(1) of this title, consent is required from all of the following:
2155
2156 (1) The mother, father, parent or parents, and, if applicable, presumed father parent of the child.
2157 a. An admission of paternity parentage is not required for an alleged father’s genetic parent’s or presumed
2158
2159 father’s parent’s consent. If the alleged father genetic parent or presumed father parent denies paternity, parentage,
2160 the petition must include, in lieu of a consent, an affidavit denying paternity parentage that the alleged father
2161 genetic parent or presumed father parent signed.
2162
2163 b. If the mother individual who gave birth to the child was married when the child was conceived or born,
2164 but the mother’s husband individual’s spouse at conception or birth is not the child’s biological father, parent, the
2165 husband’s spouse’s notarized statement that the husband spouse is not the child’s biological father parent is prima
2166 facie proof that the husband spouse is not the biological father, a parent, absent evidence to the contrary. If the
2167 husband’s spouse’s notarized statement cannot be obtained, a notice of hearing must be sent to the husband spouse
2168 under § 1107 of this title.
2169
2170 c. If a petition contains a statement under § 1105(a)(5)a.1., 2., or 3. of this title and the Court finds, after a
2171 hearing and in consideration of the social report, that the child’s mother and father parents are not living together
2172 openly as husband and wife a married couple and they have not done so and have not married since the child’s
2173 birth, the Court may waive the requirement of the father’s other parent’s consent.
2174 (c) A mother An individual who gave birth to the child whose consent to the termination of parental rights is
2175 required may execute a consent only after the child is born. A father An alleged genetic parent or presumed father parent
2176 may execute a consent either before or after the child is born.
2177 Section 118. Amend § 1107A, Title 13 of the Delaware Code by making deletions as shown by strike through and
2178 insertions as shown by underline as follows:
§ 1107A. Notice of hearing to terminate and transfer parental rights.
(e) If, in an inquiry under this section, the woman individual who gave birth to the child and who is consenting to
the termination of the woman’s individual’s parental rights fails to disclose the identity of an alleged father genetic parent
or reveal his the alleged genetic parent’s whereabouts, the petitioner must advise the woman individual who gave birth to
the child of both of the following:
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2179 (1) The proceeding for adoption under Chapter 9 of this title may be delayed or subject to challenge if an
2180 alleged father genetic parent is not given notice of the proceeding.
2181
2182 (2) The lack of information about the father’s alleged genetic parent’s medical and genetic history may be
2183 detrimental to the child.
2184
2185 Section 119. Amend § 1112, Title 13 of the Delaware Code by making deletions as shown by strike through and
2186 insertions as shown by underline as follows:
2187
2188 § 1112. Confidential nature of records.
2189 (e) (1) A person that wishes to inspect the papers filed in connection with a proceeding under this chapter may
2190 petition the Court or the court of original jurisdiction stating the reason for the inspection.
2191
2192 (3) The Court shall issue an order permitting the release of the information requested and establishing the
2193 terms under which the information may be released if the Court finds all of the following:
2194
2195 b. Release of the information will not prejudice the interests of the adopted individual, biological birth
2196 parent, or adoptive parent.
2197 Section 120. Amend § 1301, Title 13 of the Delaware Code by making deletions as shown by strike through and
2198 insertions as shown by underline as follows:
2199 § 1301. Legitimating child conceived out of wedlock.
2200 A child conceived out of wedlock shall be legitimate if the parents shall marry before the birth of the child or if
2201 they shall marry after adjudication or acknowledgment of parentage after the birth of the child, or upon an acknowledgment
2202 of the paternity of parentage made in writing by the parents, if both are living or by the father living parent if the mother is
2203 not living living, and filed in the Office of Vital Statistics according to § 8-302 of this title or § 3121 of Title 16.
2204 Section 121. Amend § 2214, Title 13 of the Delaware Code by making deletions as shown by strike through and
2205 insertions as shown by underline as follows:
2206 § 2214. Collection and use of Social Security numbers.
2207 (a) The Division of Child Support Services shall have access to the Social Security number of:
2208
(3) Any individual who is subject to a divorce decree, support order or judgment, paternity parentage order, or
an acknowledgment of paternity parentage filed in this State pursuant to under § 8-302 of Title 13 or §§ 3105 and
3121 of Title 16;
Section 122. Amend § 3101, Title 16 of the Delaware Code by making deletions as shown by strike through and
insertions as shown by underline as follows:
§ 3101. Definitions [For application of this section, see 84 Del. Laws, c. 261, § 16].
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2209 For purposes of this chapter:
2210 (10) “Parentage” or “parent-child relationship” means as defined under § 8-102 of Title 13.
2211
2212 Section 123. Amend § 3105, Title 16 of the Delaware Code by making deletions as shown by strike through and
2213 insertions as shown by underline as follows:
2214
2215 § 3105. State Registrar of Vital Statistics; duties.
2216 (c) The central office and each branch office of the Office of Vital Statistics shall offer voluntary paternity
2217 acknowledgment services, as described in § 3121(c) and (d) of this title, to the mother and putative father of a child born to
2218 unmarried parents. provide all of the following:
2219
2220 (1) Voluntary acknowledgment of parentage services under subchapter III of Chapter 8 of Title 13, to the
2221 individual who gave birth to the child and an individual whose parentage is sought to be established.
2222
2223 (2) A registry of paternity under subchapter IV of Chapter 8 of Title 13.
2224 Section 124. Amend § 3121, Title 16 of the Delaware Code by making deletions as shown by strike through and
2225 insertions as shown by underline as follows:
2226 § 3121. Registration of births.
2227 (c)(1) When a child is born to an unmarried woman individual in an institution, the person responsible for
2228 completing the birth certificate, or the person’s designated representative, shall do all of the following:
2229
2230 (1)a. Provide written information prepared by the Division of Child Support Services to the mother and
2231 the putative father, if he is Services, under subchapter III of Chapter 8 of Title 13, to the individual who gave birth
2232 to the child and the individual seeking to establish parentage, if present, explaining the rights and responsibilities
2233 of acknowledging paternity. parentage.
2234
2235 (2)b. Provide the mother and the putative father individual who gave birth to the child and the individual
2236 seeking to establish parentage the opportunity to sign an acknowledgment of paternity as described in subsection
2237 (d) of this section parentage under subchapter III of Chapter 8 of Title 13 and provide notary public services for
2238 this purpose.
(3)c. Provide the mother and the putative father with If the individual who gave birth to the child and the
individual seeking to establish parentage sign the acknowledgment of parentage under paragraph (c)(1)b. of this
section:
1. Provide a copy of the signed and notarized acknowledgment. acknowledgment to both individuals.
(4)2. File the signed and notarized acknowledgment with the Office of Vital Statistics within 10 days
after execution.
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2239 (2) The Within 7 days of receiving the acknowledgment under paragraph (c)(1)c.2. of this section, the Office
2240 of Vital Statistics shall send a copy of the acknowledgment to the Division of Child Support Services within 7 days
2241 after it receives the acknowledgment. Services.
2242
2243 (d) The acknowledgment provided for in subsection (c) of this section shall contain all of the following:
2244 (1) The mother’s address and Social Security number, her statement that the putative father is the only
2245
2246 possible father and her consent to the acknowledgment of paternity.
2247 (2) The putative father’s address and Social Security number and his statement that he is the biological father
2248
2249 of the child.
2250 (3) Subject to the provisions of subchapter III of Chapter 8 of Title 13, their acknowledgment of a right to
2251
2252 blood, tissue or other genetic testing to determine paternity or nonpaternity and of the right to otherwise dispute
2253 paternity in any civil or criminal action in which the paternity of the child by the putative father is an element of the
2254 claim for relief or a defense.
2255
2256 (4) A statement of the presumptive effect of the acknowledgment of paternity under § 8-305 of Title 13.
2257 (5) A statement of the rights and responsibilities of acknowledging paternity, including that the
2258 acknowledgment of paternity establishes the duty of both parties to support the child, is the basis for the entry of a
2259 child support order without further proceedings to establish paternity, may be the basis for the putative father
2260 establishing custody and visitation rights, establishes inheritance rights and may be the basis for requiring notice to the
2261 putative father prior to an adoption.
2262 (6) Instructions for filing the acknowledgment with the Office of Vital Statistics.
2263 (7) The acknowledgment of both the putative father and the mother that they have been notified, orally and in
2264 writing of each of the items listed in paragraphs (d)(1) through (6) of this section before signing the acknowledgment
2265 of paternity. [Repealed.]
2266 (e) Subsection (c) of this section does not apply when a child is born to an unmarried woman in an institution and
2267 the mother or putative father individual who gave birth to the child or an alleged genetic parent is a minor. The Office of
2268 Vital Statistics may not accept an acknowledgment of paternity as described in subsection (d) of this section parentage if
signed by a mother or putative father who is a minor. If the mother or putative father individual who gave birth to the child
or an alleged genetic parent is a minor, paternity shall parentage is to be determined in accordance with under Chapter 8 of
Title 13.
(h) Except as provided under subchapter VIII of Chapter 8 of Title 13, and as provided under § 8-301 of Title 13,
the following apply:
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2269 (1) If the mother individual who gave birth to the child was married at the time of either conception or birth,
2270
2271 or between conception and birth, the name of the husband shall individual’s spouse must be entered on the certificate
2272
2273 as the father parent of the child unless paternity parentage has been determined otherwise by Family Court. Court or
2274
2275 the individual’s spouse has filed a valid denial of parentage.
2276
2277 (2) If the mother individual who gave birth was not married at the time of either conception or birth or
2278
2279 between conception and birth, the name of the father shall parent who did not give birth may not be entered on the
2280
2281 certificate without a court order from Family Court or an acknowledgment of paternity which parentage that is signed
2282
2283 by both parents and their signatures notarized.
2284
2285 (3) In any case in which paternity If parentage of a child is determined by Family Court, the name of the
2286
2287 father adjudicated parent and surname of the child shall must be entered on the certificate of birth in accordance with
2288
2289 the finding and order of the court.
2290
2291 (4) If the father parent who did not give birth is not named on the certificate of birth, no other information
2292
2293 about the father shall parent who did not give birth may be entered on the certificate.
2294
2295 Section 125. Amend § 3127, Title 16 of the Delaware Code by making deletions as shown by strike through and
insertions as shown by underline as follows:
§ 3127. Acknowledgment or establishment of paternity. parentage.
In cases of acknowledgment or establishment of paternity, parentage, the State Registrar, upon receipt of a court
order, an administrative order order, or a properly executed acknowledgment of paternity, parentage, executed or issued in
this State or any other state, which establishes paternity parentage or creates a presumption of paternity parentage under the
law of the state in which it was executed or issued, shall prepare an amended or new certificate of birth, as the case may be,
consistent with the document. The fact that the father-and-child relationship parent-child relationship was declared after the
child’s birth shall must not be ascertainable from the amended or new certificate, but the actual place and date of birth shall
must be shown. The evidence upon which the amended or new certificate was made and the original birth certificate shall
must be sealed and filed and may be opened only upon court order or upon application of the Division of Child Support
Services certifying that the child for whom information is sought is the subject of a child support case administered by the
Division under Title IV-D of the federal Social Security Act (42 U.S.C. § 651 et seq.).
Section 126. This Act takes effect 180 days after enactment of this Act into law.
SYNOPSIS
This Act adopts the 2017 updates to the Uniform Parentage Act ("Uniform Act") authored by the Uniform Law
Commission. Delaware 's current law related to parentage is based on the Uniform Law Commission's 2000 version of the
Uniform Parentage Act. The Uniform Law Commission’s website states that it “provides states with non-partisan, well-
conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” The 2017
updates to the Uniform Act have been adopted by 11 states and is pending before the Pennsylvania state legislature.
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This Act, through the adoption of the Uniform Act, does all of the following:
(1) Removes gendered terms throughout this Act to ensure equal treatment of children born to same-sex couples.
In Obergefell v. Hodges, 135 S. Ct. 2584 (2015), the U.S. Supreme Court held that laws barring marriage between two
people of the same sex are unconstitutional. And, in Pavan v. Smith, 137 S. Ct. 2075, 2078-79 (2017), the U.S. Supreme
Court held that a state may not deny married same-sex couples recognition on their children’s birth certificates that the state
grants to married different-sex couples. After these decision, parentage laws that treat same-sex couples differently than
different-sex couples may be unconstitutional. These changes are also consistent with Delaware’s efforts to write laws
using gender silent language unless a solely masculine or feminine term is required to apply a law to 1 gender. See § 211(c)
of Title 1 of the Delaware Code. Specifically, these changes include broadening the provisions of Delaware’s parentage law
related to the presumption of parentage (Section 11 of this Act), acknowledgment of parentage (Sections 12 through 26 of
this Act), genetic testing (Sections 41 through 52 of this Act), and assisted reproduction (Sections 82 through 89 of this
Act) to make them gender neutral.
(2) Includes a provision for the establishment of a de facto parent as a legal parent of a child. A de facto parent is
one who functions as a parent to the child but is unconnected through biology or marriage. This is not a change for
Delaware, which has recognized de facto parents in Delaware’s definition of parent in Delaware’s parentage law since
2010. This Act moves the process for establishing de facto parentage to § 8-609 of Title 13 (Section 62 of this Act) to be
part of the provisions related to adjudicating parentage, as establishing de facto parentage requires a judicial determination.
(3) Updates the assisted reproduction provisions of Delaware’s parentage law, including the parental status of a
deceased individual addressing issues similar to those raised by Senate Substitute No. 1 for Senate Bill No. 119 (153rd
General Assembly). Specifically, the Uniform Act would treat a deceased individual as a parent of a child conceived by
assisted reproduction if the embryo is in utero not later than 36 months after the individual’s death or the child was born not
later than 45 months after the individual’s death and if one of the following apply:
a. The individual consented in a record to be a parent if assisted reproduction occurs after the individual’s death.
b. The individual’s intent to be a parent after the individual’s death is established by clear-and-convincing
evidence.
(4) Updates the surrogacy provisions of Delaware’s parentage law to reflect recent scientific, legal, and cultural
developments in surrogacy practice (See Section 90 of this Act). Delaware’s parentage law currently includes a gestational
carrier law and this Act continues that law and adds procedures related to a genetic carrier, which is an individual who is
not an intended parent but becomes pregnant through assisted reproduction using the individual’s own gamete. Specifically,
§§ 8-801 through 8-807 establish the rules that apply to both types of carrier agreements. Sections 8-808 through 8-813
includes the current rules that apply to gestational carrier agreements. Sections 8-814 through 8-821 adopts the Uniform
Act’s rules that apply to genetic carrier agreements.
(5) Adopts requirements and procedures regarding access to non-identifying medical history and identifying
information regarding gamete providers by children born through assisted reproduction and their parents. Based on data
from 2015, the CDC reports that “approximately 1.6% of all infants born in the United States every year are conceived
using ART.” Data suggests that this percentage continues to increase. Gaia Bernstein, Unintended Consequences:
Prohibitions on Gamete Donor Anonymity and the Fragile Practice of Surrogacy, 10 Ind. Health L. Rev. 291, 298 (2013)
(noting that “from 2004 to 2008 the number of IVF cycles used for gestational surrogacy grew by 60%, the number of
births by gestational surrogates grew by 53% and the number of babies born to gestational surrogates grew by 89%”).
Accordingly, it is increasingly important for states to address these issues. The Uniform Act specifically does the following:
a. Requires gamete banks and fertility clinics to collect and retain both identifying information and nonidentifying
medical history about gamete donors.
b. Requires gamete banks and fertility centers to provide non-identifying medical history to parents on request at
any time and on request by the donor-conceived child who attains 18 years of age.
c. With regard to identifying information, provides that a gamete bank or fertility center shall provide this
information to the donor conceived child who attains 18 years of age on their request.
(6) Makes technical corrections that conform existing law to current standards of legislative drafting, consistent
with the Uniform Act and the standards of the Delaware Legislative Drafting Manual.
(7) Consolidates or transfers existing provisions of Delaware’s Parentage Act to ensure logical organization of the
law consistent with the Uniform Act, including the following:
a. Definitions related to genetic testing, which are transferred from § 8-102 to § 8-501 (Section 41 of this Act).
b. Provisions related to genetic testing, which are transferred to § 8-503(e) and (h) (Section 43 of this Act) from §
8-622 (Section 70 of this Act).
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c. Provisions related to the admissibility of results of genetic testing, which are transferred to § 8-606 (Section 59
of this Act) from § 8-621 (Section 69 of this Act).
d. Provisions adjudicating parentage of a child with an alleged genetic parent, which are transferred to § 8-607
(Section 60 of this Act) from §§ 8-622, 8-623, 8-631, and 8-634 (regarding adjudicating parentage by default) (Sections 70,
71, 73, and 76 of this Act).
e. Provisions adjudicating parentage of a child with a presumed parent, which are transferred to § 8-608 (Section
61 of this Act) from § 8-607 (Section 60 of this Act).
f. Provisions adjudicating parentage of a child with an acknowledged parent, which are transferred to § 8-610
(Section 63 of this Act) from § 8-609 (Section 62 of this Act).
g. Provisions adjudicating parentage of a child with an adjudicated parent, which are transferred to § 8-611
(Section 64 of this Act) from § 8-609 (Section 62 of this Act).
h. Provisions adjudicating parentage of a child with an acknowledged parent, which are transferred to § 8-610
(Section 63 of this Act) from § 8-609 (Section 62 of this Act).
i. Provisions related to issuing temporary orders, which are transferred to § 8-615 (Section 67 of this Act) from §
8-609 (Section 62 of this Act).
j. Provisions related to combining proceedings, which are transferred to § 8-616 (Section 67 of this Act) from § 8-
610 (Section 63 of this Act).
k. Provisions related to proceedings before birth, which are transferred to § 8-617 (Section 67 of this Act) from §
8-611 (Section 64 of this Act).
l. Provisions related to the child being a party and representated, which are transferred to § 8-618 (Section 67 of
this Act) from § 8-612 (Section 65 of this Act).
m. Provisions related to the court adjudicating parentage, which are transferred to § 8-619 (Section 67 of this Act)
from § 8-632 (Section 74 of this Act).
n. Provisions related to dismissal for want of prosecution, which are transferred to § 8-621 (Section 69 of this Act)
from § 8-635 (Section 77 of this Act).
o. Provisions related to orders adjudicating parentage, which are transferred to § 8-622 (Section 70 of this Act)
from § 8-636 (Section 78 of this Act).
p. Provisions related to the binding effect of a determination of parentage, which are transferred to § 8-623
(Section 71 of this Act) from § 8-637 (Section 79 of this Act).
q. Miscellaneous provisions currently in subchapter IX which are transferred to subchapter X to allow for the
inclusion of new provisions related to information about donors of gametes or embryos intended for use in assisted
reproduction.
(8) In Sections 98 through 125 of this Act, makes changes to conform existing law to the changes made by the
Uniform Act. The majority of these changes ensure consistent usage of terms and definitions used by the Uniform Act.
Author: Senator Pinkney
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