A civil proceeding may be commenced to adjudicate the parentage of a child. Except as otherwise provided in this chapter, the proceeding is governed by the Family Court Rules of Civil Procedure.

74 Del. Laws, c. 136, §  1;  85 Del. Laws, c. 276, § 53; 

Except as otherwise provided in subchapter III of this chapter and §§ 8-608 through 8-611 of this title, a proceeding to adjudicate parentage may be maintained by:

(1) The child;

(2) The individual who gave birth to the child, unless a court has adjudicated that the individual is not a parent;

(3) An individual who is a parent of the child under this chapter;

(4) An individual whose parentage of the child is to be adjudicated;

(5) A child-support agency;

(6) An adoption agency authorized by law of this State other than this chapter or licensed child-placing agency; or

(7) A representative authorized by law of this State other than this chapter to act for an individual who otherwise would be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 54; 

(a) The petitioner shall give notice of a proceeding to adjudicate parentage to the following individuals:

(1) The individual who gave birth to the child, unless a court has adjudicated that the individual is not a parent;

(2) An individual who is a parent of the child under this chapter;

(3) A presumed, acknowledged, or adjudicated parent of the child; and

(4) An individual whose parentage of the child is to be adjudicated.

(b) An individual entitled to notice under subsection (a) of this section has a right to intervene in the proceeding.

(c) Lack of notice required by subsection (a) of this section does not render a judgment void. Lack of notice does not preclude an individual entitled to notice under subsection (a) of this section from bringing a proceeding under § 8-611(b) of this title.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 55; 

(a) The court may adjudicate an individual’s parentage of a child only if the court has personal jurisdiction over the individual.

(b) A court of this State with jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in § 6-201 of this title are satisfied.

(c) Lack of jurisdiction over 1 individual does not preclude the court from making an adjudication of parentage binding on another individual.

74 Del. Laws, c. 136, §  1;  85 Del. Laws, c. 276, § 56; 

If the court has personal jurisdiction under § 8-604 of this title, venue for a proceeding to adjudicate parentage is proper in any county of this State.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 57; 

(a) Except as otherwise provided in § 8-502(b) of this title, the court shall admit a report of genetic testing ordered by the court under § 8-503 of this title as evidence of the truth of the facts asserted in the report.

(b) A party may object to the admission of a report described in subsection (a) of this section, not later than 14 days after the party receives the report. The party shall cite specific grounds for exclusion.

(c) A party that objects to the results of genetic testing may call a genetic-testing expert to testify in person or by another method approved by the court. Unless the court orders otherwise, the party offering the testimony bears the expense for the expert testifying.

(d) Admissibility of a report of genetic testing is not affected by whether the testing was performed:

(1) Voluntarily or under an order of the court or a child-support agency; or

(2) Before, on, or after commencement of the proceeding.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, §§ 58, 59; 

(a) A proceeding to determine whether an alleged genetic parent who is not a presumed parent is a parent of a child may be commenced:

(1) Before the child becomes an adult; or

(2) After the child becomes an adult, but only if the child initiates the proceeding.

(b) This subsection applies in a proceeding described in subsection (a) of this title if the individual who gave birth to the child is the only other individual with a claim to parentage of the child. The court shall adjudicate an alleged genetic parent to be a parent of the child if the alleged genetic parent:

(1) Is identified under § 8-506 of this title as a genetic parent of the child and the identification is not successfully challenged under § 8-506 of this title;

(2) Admits parentage in a pleading, when making an appearance, or during a hearing, the court accepts the admission, and the court determines the alleged genetic parent to be a parent of the child;

(3) Declines to submit to genetic testing ordered by the court or a child-support agency, in which case the court may adjudicate the alleged genetic parent to be a parent of the child even if the alleged genetic parent denies a genetic relationship with the child;

(4) Is in default after service of process and the court determines the alleged genetic parent to be a parent of the child; or

(5) Is neither identified nor excluded as a genetic parent by genetic testing and, based on other evidence, the court determines the alleged genetic parent to be a parent of the child.

(c) Subject to other limitations in this Part, if in a proceeding involving an alleged genetic parent, at least 1 other individual in addition to the individual who gave birth to the child has a claim to parentage of the child, the court shall adjudicate parentage under § 8-613 of this title.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 456, §  5;  85 Del. Laws, c. 276, §§ 58, 60, 73, 76; 

(a) A proceeding to determine whether a presumed parent is a parent of a child may be commenced:

(1) Before the child becomes an adult; or

(2) After the child becomes an adult, but only if the child initiates the proceeding.

(b) A presumption of parentage under § 8-204 of this title cannot be overcome after the child attains 2 years of age unless the court determines:

(1) The presumed parent is not a genetic parent, never resided with the child, and never held out the child as the presumed parent’s child; or

(2) The child has more than 1 presumed parent.

(c) The following rules apply in a proceeding to adjudicate a presumed parent’s parentage of a child if the individual who gave birth to the child is the only other individual with a claim to parentage of the child:

(1) If no party to the proceeding challenges the presumed parent’s parentage of the child, the court shall adjudicate the presumed parent to be a parent of the child.

(2) If the presumed parent is identified under § 8-506 of this title as a genetic parent of the child and that identification is not successfully challenged under § 8-506 of this title, the court shall adjudicate the presumed parent to be a parent of the child.

(3) If the presumed parent is not identified under § 8-506 of this title as a genetic parent of the child and the presumed parent or the individual who gave birth to the child challenges the presumed parent’s parentage of the child, the court shall adjudicate the parentage of the child in the best interest of the child based on the factors under § 8-613(a) and (b) of this title.

(d) Subject to other limitations in this Part, if in a proceeding to adjudicate a presumed parent’s parentage of a child, another individual in addition to the individual who gave birth to the child asserts a claim to parentage of the child, the court shall adjudicate parentage under § 8-613 of this title.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 456, §§  2, 7;  85 Del. Laws, c. 276, §§ 58, 61; 

(a) A proceeding to establish parentage of a child under this section may be commenced only by an individual who:

(1) Is alive when the proceeding is commenced; and

(2) Claims to be a de facto parent of the child.

(b) An individual who claims to be a de facto parent of a child must commence a proceeding to establish parentage of a child under this section:

(1) Before the child attains 18 years of age; and

(2) While the child is alive.

(c) The following rules govern standing of an individual who claims to be a de facto parent of a child to maintain a proceeding under this section:

(1) The individual must file an initial verified pleading alleging specific facts that support the claim to parentage of the child asserted under this section. The verified pleading must be served on all parents and legal guardians of the child and any other party to the proceeding.

(2) An adverse party, parent, or legal guardian may file a pleading in response to the pleading filed under paragraph (c)(1) of this section. A responsive pleading must be verified and must be served on parties to the proceeding.

(3) Unless the court finds a hearing is necessary to determine disputed facts material to the issue of standing, the court shall determine, based on the pleadings under paragraphs (c)(1) and (c)(2) of this section, whether the individual has alleged facts sufficient to satisfy by a preponderance of the evidence the requirements of paragraphs (d)(1) through (d)(7) of this section. If the court holds a hearing under this subsection, the hearing must be held on an expedited basis.

(d) In a proceeding to adjudicate parentage of an individual who claims to be a de facto parent of the child, if there is only 1 other individual who is a parent or has a claim to parentage of the child, the court shall adjudicate the individual who claims to be a de facto parent to be a parent of the child if the individual demonstrates by clear-and-convincing evidence that:

(1) The individual resided with the child as a regular member of the child’s household for a significant period;

(2) The individual engaged in consistent caretaking of the child;

(3) The individual undertook full and permanent responsibilities of a parent of the child without expectation of financial compensation;

(4) The individual held out the child as the individual’s child;

(5) The individual established a bonded and dependent relationship with the child which is parental in nature;

(6) Another parent of the child fostered or supported the bonded and dependent relationship required under paragraph (d)(5) of this section; and

(7) Continuing the relationship between the individual and the child is in the best interest of the child.

(e) Subject to other limitations in this Part, if in a proceeding to adjudicate parentage of an individual who claims 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 child and the court determines that the requirements of subsection (d) of this section are satisfied, the court shall adjudicate parentage under § 8-613 of this title.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 97, §§  1-3;  79 Del. Laws, c. 88, §  3;  85 Del. Laws, c. 276, §§ 58, 62; 

(a) If a child has an acknowledged parent, a proceeding to challenge the acknowledgment of parentage or a denial of parentage, brought by a signatory to the acknowledgment or denial, is governed by § § 8-308 and 8-309 of this title.

(b) If a child has an acknowledged parent, the following rules apply in a proceeding to challenge the acknowledgment of parentage or a denial of parentage brought by an individual, other than the child, who has standing under § 8-602 of this title and was not a signatory to the acknowledgment or denial:

(1) The individual must commence the proceeding not later than 2 years after the effective date of the acknowledgment.

(2) The court may permit the proceeding only if the court finds permitting the proceeding is in the best interest of the child.

(3) If the court permits the proceeding, the court shall adjudicate parentage under § 8-613 of this title.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, §§ 58, 63; 

(a) If a child has an adjudicated parent, a proceeding to challenge the adjudication, brought by an individual who was a party to the adjudication or received notice under § 8-603 of this title, is governed by the rules governing a collateral attack on a judgment.

(b) If a child has an adjudicated parent, the following rules apply to a proceeding to challenge the adjudication of parentage brought by an individual, other than the child, who has standing under § 8-602 of this title and was not a party to the adjudication and did not receive notice under § 8-603 of this title:

(1) The individual must commence the proceeding not later than 2 years after the effective date of the adjudication.

(2) The court may permit the proceeding only if the court finds permitting the proceeding is in the best interest of the child.

(3) If the court permits the proceeding, the court shall adjudicate parentage under § 8-613 of this title.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, §§ 58, 64; 

(a) An individual who is a parent under subchapter VII of this chapter or the individual who gave birth to the child 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.

(b) In a proceeding to adjudicate an individual’s parentage of a child, if another individual other than the individual who gave birth to the child is a parent under subchapter VII of this chapter, the court shall adjudicate the individual’s parentage of the child under § 8-613 of this title.

85 Del. Laws, c. 276, §§ 58, 65; 

(a) In a proceeding to adjudicate competing claims of, or challenges under § 8-608(c) of this title, § 8-610 of this 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 interest of the child, based on:

(1) The age of the child;

(2) The length of time during which each individual assumed the role of parent of the child;

(3) The nature of the relationship between the child and each individual;

(4) The harm to the child if the relationship between the child and each individual is not recognized;

(5) The basis for each individual’s claim to parentage of the child; and

(6) Other equitable factors arising from the disruption of the relationship between the child and each individual or the likelihood of other harm to the child.

(b) If an individual challenges parentage based on the results of genetic testing, in addition to the factors listed in subsection (a) of this section, the court shall consider:

(1) The facts surrounding the discovery the individual might not be a genetic parent of the child; and

(2) The length of time between the time that the individual was placed on notice that the individual might not be a genetic parent and the commencement of the proceeding.

(c) (1) The court may adjudicate a child to have more than 2 parents under this chapter if the court finds that failure to recognize more than 2 parents would be detrimental to the child.

(2) A finding of detriment to the child under paragraph (c)(1) of this section does not require a finding of unfitness of any parent or individual seeking an adjudication of parentage.

(3) In determining detriment to the child under paragraph (c)(1) of this section, the court shall consider all 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.

85 Del. Laws, c. 276, § 66; 

(a) In a proceeding under this subchapter, the court shall issue a temporary order for support of a child if the order is appropriate and the individual ordered to pay support is:

(1) A presumed father of the child;

(2) Petitioning to have paternity adjudicated;

(3) Identified as the father through genetic testing under § 8-505 of this title;

(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.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;  85 Del. Laws, c. 276, §§ 67, 72; 

Unless the court would not otherwise have jurisdiction over the proceeding, the court may combine a proceeding to adjudicate parentage under this chapter with a proceeding for adoption, termination of parental rights, child custody or visitation, child support, divorce, annulment, declaration of invalidity, administration of an estate, or other appropriate proceeding.

74 Del. Laws, c. 136, §  1;  85 Del. Laws, c. 276, § 67; 

(a) Except as provided in Part 3 of subchapter VIII of this chapter and subject to subsections (b) and (c) of this section, a proceeding to adjudicate parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child.

(b) If a child is conceived through assisted reproduction, an order or judgment may be entered before the birth of the resulting child to establish a parent-child relationship, if enforcement of the order or judgment is stayed until the birth of the child. The order or judgment must be sought by filing a petition containing all of the following:

(1) The names and addresses of the intended parents;

(2) The name and address of the gestational carrier, if any, and the gestational carrier’s spouse, if any; and

(3) An affidavit that does the following:

a. Acknowledges parentage verified by the parents; and

b. In cases involving a gestational carrier:

1. Acknowledges nonparentage verified by the gestational carrier and the gestational carrier’s spouse, if any; and

2. Attests to the gestational carrier agreement signed by all the parties in accordance with § 8-811 of this title.

(c) Except in circumstances under subsection (b) of this section, the following actions may be taken before the birth of a child:

(1) Service of process;

(2) Discovery; and

(3) Except as prohibited by § 8-503 of this title, collection of specimens for genetic testing.

74 Del. Laws, c. 136, §  1;  79 Del. Laws, c. 88, §  4;  85 Del. Laws, c. 276, § 67; 

(a) A minor child is a permissive party but not a necessary party to a proceeding under this subchapter.

(b) The court shall appoint a guardian ad litem to represent a child in a proceeding under this subchapter, if the court finds that the interests of the child are not adequately represented.

74 Del. Laws, c. 136, §  1;  77 Del. Laws, c. 456, §  4;  85 Del. Laws, c. 276, § 67; 

The court shall adjudicate parentage of a child without a jury.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, §§ 67, 74; 

The court may dismiss a proceeding under this chapter for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice.

74 Del. Laws, c. 136, §  1;  85 Del. Laws, c. 276, §§ 68, 69, 77; 

(a) An order adjudicating parentage must identify the child in a manner provided by law of this State other than this chapter.

(b) Except as otherwise provided in subsection (c) of this section, the court may assess filing fees, reasonable attorney’s fees, fees for genetic testing, other costs, and necessary travel and other reasonable expenses incurred in a proceeding under this subchapter. Attorney’s fees awarded under this subsection may be paid directly to the attorney, and the attorney may enforce the order in the attorney’s own name.

(c) The court may not assess fees, costs, or expenses in a proceeding under this subchapter against a child-support agency of this State or another state, except as provided by law of this State other than this chapter.

(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 than 10 days before a hearing, is admissible to establish:

(1) The amount of the charge billed; and

(2) That the charge is reasonable and necessary.

(e) On request of a party and for good cause, the court in a proceeding under this subchapter may order the name of the child changed. If the court order changing the name varies from the name on the birth certificate of the child, the court shall order the Office of Vital Statistics to issue an amended birth certificate.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 88, §  5;  85 Del. Laws, c. 276, §§ 68, 70, 78; 

(a) Except as otherwise provided in subsection (b) of this section:

(1) A signatory to an acknowledgment of parentage or denial of parentage is bound by the acknowledgment and denial as provided in subchapter III of this chapter; and

(2) A party to an adjudication of parentage by a court acting under circumstances that satisfy the jurisdiction requirements of § 6-201 of this title and any individual who received notice of the proceeding are bound by the adjudication.

(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.

(c) In a proceeding for divorce, dissolution, annulment, or declaration of invalidity, the court is deemed to have made an adjudication of parentage of a child if the court acts under circumstances that satisfy the jurisdiction requirements of § 6-201 of this title and the final order:

(1) Expressly identifies the child as a “child of the marriage” or “issue of the marriage” or includes similar words indicating that both spouses are parents of the child; or

(2) Provides for support of the child by a spouse unless that spouse’s parentage is disclaimed specifically in the order.

(d) Except as otherwise provided in subsection (b) of this section or § 8-611 of this title, a determination of parentage may be asserted as a defense in a subsequent proceeding seeking to adjudicate parentage of an individual who was not a party to the earlier proceeding.

(e) A party to an adjudication of parentage may challenge the adjudication only under law of this State other than this chapter relating to appeal, vacation of judgment, or other judicial review.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, §§ 68, 71, 79; 

If the court determines that an individual is not the parent of a child, the individual does not have a right to reimbursement for any child support or medical expenses paid before the date on which the other party or the public agency to which the payments were or are being made was served with notice of the proceeding in which the determination of nonparentage was made.

74 Del. Laws, c. 136, §  1;  85 Del. Laws, c. 276, § 80; 

A court of this State shall give full faith and credit to a determination of parentage or nonparentage or denial of parentage made by a court or administrative agency of another state if the determination is made in compliance with the law of the other state.

74 Del. Laws, c. 136, §  1;  85 Del. Laws, c. 276, § 81;