This chapter may be cited as the “Uniform Parentage Act (2017).”

74 Del. Laws, c. 136, §  1;  85 Del. Laws, c. 276, § 1; 

In this chapter:

(1) “Acknowledged parent” means an individual who has established a parent-child relationship under subchapter III of this chapter.

(2) “Adjudicated parent” means an individual who has been adjudicated by a court of competent jurisdiction to be the parent of a child.

(3) “Alleged genetic parent” means an individual who alleges to be, or is alleged to be, a genetic parent or a possible genetic parent of a child whose parentage has not been adjudicated. The term includes an alleged genetic father and alleged genetic mother. The term does not include:

a. A presumed parent;

b. An individual whose parental rights have been terminated or declared not to exist; or

c. A donor.

(4) “Assisted reproduction” means a method of causing pregnancy other than sexual intercourse. The term includes:

a. Insemination;

b. Donation of gametes;

c. Donation of embryos;

d. In-vitro fertilization and transfer of embryos; and

e. Intracytoplasmic sperm injection.

(5) “Birth” includes stillbirth.

(6) “Child” means an individual of any age whose parentage may be determined under this chapter.

(7) “Child-support agency” means a government entity, public official, or private agency, authorized to provide parentage-establishment services under Title IV-D of the Social Security Act, 42 U.S.C. §§ 651 through 669.

(8) “Commence” means to file the initial pleading seeking an adjudication of parentage in the Family Court of this State. “Commenced” and “commencement” have a similar meaning.

(9) a. “Compensation” means payment of any valuable consideration.

b. “Compensation” does not include payment for reasonable medical and ancillary costs.

(10) “Determination of parentage” means establishment of a parent-child relationship by a judicial or administrative proceeding or the signing of a valid acknowledgment of parentage under subchapter III of this chapter.

(11) “Donor” means an individual who provides gametes or embryos intended for use in assisted reproduction, whether or not for consideration. The term does not include:

a. An individual who gives birth to a child conceived by means of assisted reproduction, except as otherwise provided in subchapter VIII of this chapter; or

b. A parent under subchapter VII of this chapter or an intended parent under subchapter VIII of this chapter.

(12) “Gamete” means sperm, egg, or any part of a sperm or egg.

(13) “Genetic testing” means an analysis of genetic markers to identify or exclude a genetic relationship.

(14) “Individual” means a natural person of any age.

(15) “Intended parent” means an individual, married or unmarried, who manifests an intent to be legally bound as a parent of a child conceived by assisted reproduction.

(16) “In vitro fertilization” means the fertilization of egg with sperm outside of the human body.

(17) “Notarial officer” means a notary public or other individual authorized under subchapter II of Chapter 43 of Title 29 to perform a notarial act.

(18) “Parent” means an individual who has established a parent-child relationship under § 8-201 of this title.

(19) “Parentage” or “parent-child relationship” means the legal relationship between a child and a parent of the child.

(20) “Presumed parent” means an individual who, under § 8-204 of this title, is presumed to be a parent of a child, unless the presumption is overcome in a judicial proceeding, a valid denial of parentage is made under subchapter III of this chapter, or a court adjudicates the individual to be a parent.

(21) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(22) “Sign” means, with present intent to authenticate or adopt a record:

a. To execute or adopt a tangible symbol; or

b. To attach to or logically associate with the record an electronic symbol, sound, or process.

(23) “Signatory” means an individual who signs a record.

(24) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. The term includes a federally recognized Indian tribe.

(25) “Transfer” means a procedure for assisted reproduction by which an embryo or sperm is placed in the body of the individual who will give birth to the child.

(26) “Witnessed” means that at least 1 individual who is authorized to sign has signed a record to verify that the individual personally observed a signatory sign the record.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 88, §  1;  85 Del. Laws, c. 276, § 2; 

(a) This chapter applies to an adjudication or determination of parentage in this State.

(b) The court shall apply the law of this State to adjudicate the parent-child relationship. The applicable law does not depend on:

(1) The place of birth of the child; or

(2) The past or present residence of the child.

(c) This chapter does not create, affect, enlarge, or diminish parental rights or duties under law of this State other than this chapter.

(d) This chapter authorizes a surrogacy agreement as provided in subchapter VIII of this chapter. If a birth results under a surrogacy agreement and the agreement is unenforceable under the law of this State, the parent-child relationship is determined as provided in subchapter VIII of this chapter.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 88, §  2;  85 Del. Laws, c. 276, § 3; 

The Family Court of the State of Delaware may adjudicate parentage under this chapter.

74 Del. Laws, c. 136, §  1;  85 Del. Laws, c. 276, § 4; 

(a) Notwithstanding any other law concerning public hearings and records, any hearing or trial under this chapter must be held in closed court without admittance of any person other than those necessary to the action or proceeding, unless the court otherwise directs for good cause.

(b) All records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in the appropriate public agency or elsewhere, are subject to inspection by persons other than the parties only with consent of the court, for good cause.

74 Del. Laws, c. 136, §  1;  85 Del. Laws, c. 276, § 5; 

To the extent practicable, a provision of this chapter applicable to a father-child relationship applies to a mother-child relationship and a provision of this chapter applicable to a mother-child relationship applies to a father-child relationship.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 6; 

A child has the same rights and protections under law to parentage without regard to the marital status, age, gender, gender identity, or sexual orientation of the child’s parents or the circumstances of the child’s birth, including whether the child was born as a result of gestational or genetic surrogacy under subchapter VIII of this chapter or assisted reproduction.

85 Del. Laws, c. 276, § 7;