TITLE 13

Domestic Relations

CHAPTER 13. ILLEGITIMATE CHILDREN

Subchapter I. General Provisions


A child conceived out of wedlock shall be legitimate if the parents shall marry before the birth of the child or if they shall marry after adjudication or acknowledgment of parentage after the birth of the child, or upon acknowledgment of the paternity made in writing by the parents, if both are living or by the father if the mother is not living and filed in the Office of Vital Statistics according to § 8-302 of this title or § 3121 of Title 16.

11 Del. Laws, c. 243, § 1; 24 Del. Laws, c. 224, § 1; Code 1915, § 3087; 32 Del. Laws, c. 184, § 7; Code 1935, § 3573; 13 Del. C. 1953, § 1301; 69 Del. Laws, c. 296, § 21; 70 Del. Laws, c. 186, § 1.;

When an illegitimate person dies intestate and without lawful issue, his or her property, real and personal, if there is any, shall pass, and belong to his or her mother, if living, and, in case of her death, to her heirs, subject always to the payment of debts and demands against such illegitimate person and to expenses of administration.

11 Del. Laws, c. 243, § 1; 24 Del. Laws, c. 224, § 1; Code 1915, § 3087; 32 Del. Laws, c. 184, § 7; Code 1935, § 3573; 13 Del. C. 1953, § 1302; 70 Del. Laws, c. 186, § 1.;

When the mother of an illegitimate child dies intestate, such illegitimate child, or the issue of such who may be dead, shall share in her real and personal estate, in the same manner as legitimate children or their issue.

Code 1915, § 3087A; 29 Del. Laws, c. 229, § 1; 30 Del. Laws, c. 200, § 1; Code 1935, § 3574; 13 Del. C. 1953, § 1303; 70 Del. Laws, c. 186, § 1.;

Any person legitimated as provided by § 1301 of this title shall inherit from the father under the inheritance laws of this State to the same extent as a child conceived in wedlock of that father.

11 Del. Laws, c. 243, § 1; 24 Del. Laws, c. 224, § 1; Code 1915, § 3087; 32 Del. Laws, c. 184, § 7; Code 1935, § 3573; 13 Del. C. 1953, § 1304; 55 Del. Laws, c. 179; 70 Del. Laws, c. 186, § 1.;

The father of an illegitimate child shall be bound to pay the State Department of Health and Social Services all charges it incurs, for maintenance, or otherwise, of such child while under 18 years of age, in accordance with Chapter 28 of Title 31. It may recover the same as any other debt, or by means of any bond of indemnity, given to secure it, under §§ 1326 [repealed] and 1327 [repealed] of this title.

Code 1852, § 1474; 19 Del. Laws, c. 768, § 1; Code 1915, § 3072; 32 Del. Laws, c. 184, § 1; 37 Del. Laws, c. 189, § 1; Code 1935, § 3558; 13 Del. C. 1953, § 1305; 58 Del. Laws, c. 511, § 23; 70 Del. Laws, c. 186, § 1.;