This subchapter does not apply to the birth of a child conceived by sexual intercourse or assisted reproduction under a surrogacy agreement under subchapter VIII of this chapter.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 82; 

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

74 Del. Laws, c. 136, §  1;  85 Del. Laws, c. 276, § 83; 

An individual who consents under § 8-704 of this title to assisted reproduction with the intent to be a parent of a child conceived by the assisted reproduction is a parent of the child.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 88, §  6;  85 Del. Laws, c. 276, § 84; 

(a) Except as otherwise provided in subsection (b) of this section, the consent described in § 8-703 of this title must be in a record signed by an individual giving birth to a child conceived by assisted reproduction and another individual who intends to be a parent of the child.

(b) Failure to consent in a record as required by subsection (a) of this section, before, on, or after birth of the child, does not preclude the court from finding consent to parentage if:

(1) The individual giving birth to the child or the other individual proves by clear-and-convincing evidence the existence of an express agreement entered into before transfer of gametes or embryos that the individual giving birth to the child and the other individual intended that both would be parents of the child; or

(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 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 consent under this subsection to parentage if a party proves by clear-and-convincing evidence that the individual giving birth to the child and the other individual intended to reside together in the same household with the child and both intended the other individual would openly hold out the child as the child of the other individual, but the other individual was prevented from carrying out that intent by death or incapacity.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 88, §  7;  85 Del. Laws, c. 276, § 85; 

(a) Except as otherwise provided in subsection (b) of this section, an individual who, at the time of a child’s birth, is the spouse of the individual who gave birth to a child by assisted reproduction may not challenge the individual’s parentage of the child unless:

(1) Not later than 2 years after the birth of the child, the individual commences a proceeding to adjudicate the individual’s parentage of the child; and

(2) The court finds that the individual did not consent to the assisted reproduction, before, on, or after birth of the child, or withdrew consent under § 8-707 of this title.

(b) A proceeding to adjudicate a spouse’s parentage of a child born by assisted reproduction may be maintained at any time if the court determines:

(1) The spouse neither provided a gamete for, nor consented to, the assisted reproduction;

(2) The spouse and the individual who gave birth to the child have not cohabited since the probable time of assisted reproduction; and

(3) The spouse never openly held out the child as the spouse’s child.

(c) This section applies to a spouse’s dispute of parentage even if the spouse’s marriage is declared invalid after assisted reproduction occurs.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 86; 

If a marriage of an individual who gives birth to a child conceived by assisted reproduction is terminated through divorce or dissolution, declared invalid, or annulled before transfer of gametes or embryos to the individual, a former spouse of the individual is not a parent of the child unless the former spouse consented in a record that the former spouse would be a parent of the child if assisted reproduction were to occur after a divorce, dissolution, annulment, or declaration of invalidity, and the former spouse did not withdraw consent under § 8-707 of this title.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 87; 

(a) An individual who consents under § 8-704 of this title to assisted reproduction may withdraw consent any time before a transfer that results in a pregnancy, by giving notice in a record of the withdrawal of consent to the individual who agreed to give birth to a child conceived by assisted reproduction and to any clinic or health-care provider facilitating the assisted reproduction. Failure to give notice to the clinic or health-care provider does not affect a determination of parentage under this chapter.

(b) An individual who withdraws consent under subsection (a) of this section is not a parent of the child under this subchapter.

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

(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.

(b) If an individual who consented in a record to assisted reproduction by an individual who agreed to give birth to a child dies before a transfer of gametes or embryos, the deceased individual is a parent of a child conceived by the assisted reproduction only if:

(1) Either:

a. The individual consented in a record that if assisted reproduction were to occur after the death of the individual, the individual would be a parent of the child; or

b. The individual’s intent to be a parent of a child conceived by assisted reproduction after the individual’s death is established by clear-and-convincing evidence; and

(2) Either:

a. The embryo is in utero not later than 36 months after the individual’s death; or

b. The child is born not later than 45 months after the individual’s death.

74 Del. Laws, c. 136, § 1;  85 Del. Laws, c. 276, § 89;