TITLE 13

Domestic Relations

CHAPTER 8. UNIFORM PARENTAGE ACT

Subchapter VII. Child of Assisted Reproduction


This subchapter does not apply to the birth of a child conceived by means of sexual intercourse.

74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1.;

A donor is not a parent of a child conceived by means of assisted reproduction.

74 Del. Laws, c. 136, § 1.;

(a) A man who provides sperm for, or consents to, assisted reproduction by a woman as provided in § 8-704 of this title with intent to be the parent of her child, is a parent of the resulting child;

(b) The child shall be considered the child of the intended parent or parents immediately upon the birth of the child;

(c) Parental rights shall vest in the intended parent or parents immediately upon the birth of the child;

(d) Custody of the child shall vest with the intended parent or parents immediately upon the birth of the child; and

(e) Neither the gestational carrier, if any, nor her spouse, shall be the parent of the child.

74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 88, § 6.;

(a) Consent by a woman and an intended parent of a child conceived via assisted reproduction must be in a record signed by the woman and the intended parent. This requirement does not apply to a donor.

(b) Failure to sign a consent required by subsection (a) of this section, before or after birth of the child, does not preclude a finding of paternity pursuant to § 8-201 of this title.

74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 88, § 7.;

(a) Except as otherwise provided in subsection (b) of this section, the husband of a wife who gives birth to a child by means of assisted reproduction may not challenge his paternity of the child unless:

(1) Within 2 years after learning of the birth of the child he commences a proceeding to adjudicate his paternity; and

(2) The court finds that he did not consent to the assisted reproduction, before or after birth of the child.

(b) A proceeding to adjudicate paternity may be maintained at any time if the court determines that:

(1) The husband did not provide sperm for, or before or after the birth of the child consent to assisted reproduction by his wife;

(2) The husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and

(3) The husband never openly held out the child as his own.

(c) The limitation provided in this section applies to a marriage declared invalid after assisted reproduction.

74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1.;

(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.

(b) The consent of a woman or a man to assisted reproduction may be withdrawn by that individual in a record at any time before placement of eggs, sperm or embryos. An individual who withdraws consent under this section is not a parent of the resulting child.

74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1.;

If an individual who consented in a record to be a parent by assisted reproduction dies before placement of eggs, sperm, or embryos, the deceased individual is not a parent of the resulting child unless the deceased individual consented in a record that if assisted reproduction were to occur after death, the deceased individual would be a parent of the child.

74 Del. Laws, c. 136, § 1.;