TITLE 13

Domestic Relations

CHAPTER 8. Uniform Parentage Act [Effective Dec. 6, 2026].

Subchapter II. Parent-Child Relationship [Effective Dec. 6, 2026].

§ 8-201. Establishment of parent-child relationship [Effective Dec. 6, 2026].

A parent-child relationship is established between an individual and a child if:

(1) The individual gives birth to the child, except as otherwise provided in subchapter VIII of this chapter;

(2) There is a presumption under § 8-204 of this title of the individual’s parentage of the child, unless the presumption is overcome in a judicial proceeding or a valid denial of parentage is made under subchapter III of this chapter;

(3) The individual is adjudicated a parent of the child under subchapter VI of this chapter, including as a de facto parent under § 8-609 of this title;

(4) The individual adopts the child;

(5) The individual acknowledges parentage of the child under subchapter III of this chapter, unless the acknowledgment is rescinded under § 8-307 of this title or successfully challenged under subchapter III or VI of this chapter;

(6) The individual’s parentage of the child is established under subchapter VII of this chapter; or

(7) The individual’s parentage of the child is established under subchapter VIII of this chapter.

74 Del. Laws, c. 136, §  170 Del. Laws, c. 186, §  177 Del. Laws, c. 97, §§  1-379 Del. Laws, c. 88, §  385 Del. Laws, c. 276, § 8

§ 8-202. No discrimination based on marital status of parent [Effective Dec. 6, 2026].

A parent-child relationship extends equally to every child and parent, regardless of the marital status of the parent.

74 Del. Laws, c. 136, §  185 Del. Laws, c. 276, § 9

§ 8-203. Consequences of establishment of parentage [Effective Dec. 6, 2026].

Unless parental rights are terminated, a parent-child relationship established under this chapter applies for all purposes, except as otherwise specifically provided by law of this State other than this chapter.

74 Del. Laws, c. 136, §  185 Del. Laws, c. 276, § 10

§ 8-204. Presumption of parentage [Effective Dec. 6, 2026].

(a) An individual is presumed to be a parent of a child if:

(1) Except as otherwise provided under subchapter VIII of this chapter or law of this State other than this chapter:

a. The individual and the individual who gave birth to the child are married to each other and the child is born during the marriage, whether the marriage is or could be declared invalid;

b. The individual and the individual who gave birth to the child were married to each other and the child is born not later than 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, whether the marriage is or could be declared invalid; or

c. The individual and the individual who gave birth to the child married each other after the birth of the child, whether the marriage is or could be declared invalid, the individual at any time asserted parentage of the child, and:

1. The assertion is in a record filed with the Office of Vital Statistics; or

2. The individual agreed to be and is named as a parent of the child on the birth certificate of the child; or

3. The individual agreed in a record to support the child as the individual’s own child; or

(2) The individual resided in the same household with the child for the first 2 years of the life of the child, including any period of temporary absence, and openly held out the child as the individual’s child.

(b) A presumption of parentage under this section may be overcome, and competing claims of parentage may be resolved, only by an adjudication under subchapter VI of this chapter or a valid denial of parentage under subchapter III of this chapter.

74 Del. Laws, c. 136, §  170 Del. Laws, c. 186, §  185 Del. Laws, c. 276, § 11