An individual who gave birth to a child and an alleged genetic parent of the child, parent under subchapter VII of this chapter, or presumed parent may sign an acknowledgment of parentage to establish the parentage of the child.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 13; 

(a) An acknowledgment of parentage under § 8-301 of this title must:

(1) Be in a record signed by the individual who gave birth to the child and by the individual seeking to establish a parent-child relationship, and the signatures must be attested by a notarial officer;

(2) State that the child whose parentage is being acknowledged:

a. Does not have a presumed parent other than the individual seeking to establish the parent-child relationship or has a presumed parent whose full name is stated; and

b. Does not have another acknowledged parent, adjudicated parent, or individual who is a parent of the child under subchapter VII or VIII of this chapter other than the individual who gave birth to the child; and

(3) State that the signatories understand that the acknowledgment is the equivalent of an adjudication of parentage of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred 2 years after the effective date of the acknowledgment.

(b) An acknowledgment of parentage is void if, at the time of signing:

(1) An individual, other than the individual seeking to establish parentage, is a presumed parent, unless a denial of parentage by the presumed parent in a signed record is filed with the Office of Vital Statistics;

(2) An individual, other than the individual who gave birth to the child or the individual seeking to establish parentage, is an acknowledged or adjudicated parent or a parent under subchapter VII or VIII of this chapter; or

(3) The individual who gave birth to the child or the individual seeking to establish parentage is a minor.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 516, § 1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 233, § 18;  85 Del. Laws, c. 276, § 14; 

A presumed parent may sign a denial of parentage in a record. The denial of parentage is valid only if:

(1) An acknowledgment of parentage by another individual is filed under § 8-305 of this title;

(2) The signature of the presumed parent is attested by a notarial officer; and

(3) The presumed parent has not previously:

a. Completed a valid acknowledgment of parentage, unless the previous acknowledgment was rescinded under § 8-307 of this title or challenged successfully under § 8-308 of this title; or

b. Been adjudicated to be a parent of the child.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;  85 Del. Laws, c. 276, § 15; 

(a) An acknowledgment of parentage and a denial of parentage may be contained in a single document or may be in counterparts and may be filed with the Office of Vital Statistics separately or simultaneously. If filing of the acknowledgment and denial are both required under this chapter, neither is effective until both are filed.

(b) An acknowledgment of parentage or a denial of parentage may be signed before or after the birth of the child.

(c) Subject to subsection (a) of this section, an acknowledgment of parentage or denial of parentage takes effect on the birth of the child or filing of the document with the Office of Vital Statistics, whichever occurs later.

(d) [Repealed.]

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 516, § 1;  85 Del. Laws, c. 276, § 16; 

(a) Except as otherwise provided in § § 8-307 and 8-308 of this title, an acknowledgment of parentage that complies with this subchapter and is filed with the Office of Vital Statistics is equivalent to an adjudication of parentage of the child and confers on the acknowledged parent all rights and duties of a parent.

(b) Except as otherwise provided in § § 8-307 and 8-308 of this title, a denial of parentage by a presumed parent that complies with this subchapter and is filed with the Office of Vital Statistics with an acknowledgment of parentage that complies with this subchapter is equivalent to an adjudication of the nonparentage of the presumed parent and discharges the presumed parent from all rights and duties of a parent.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 17; 

The Office of Vital Statistics may not charge a fee for filing an acknowledgment of parentage or denial of parentage.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 18; 

(a) A signatory may rescind an acknowledgment of parentage or denial of parentage by commencing a proceeding to rescind before the earlier of:

(1) Sixty days after the effective date under § 8-304 of this title of the acknowledgment or denial; or

(2) The date of the first hearing before a court in a proceeding, to which the signatory is party, to adjudicate an issue relating to the child, including a proceeding that establishes support.

(b) If an acknowledgment of parentage is rescinded under subsection (a) of this section, an associated denial of parentage is invalid, and the Office of Vital Statistics shall notify the individual who gave birth to the child and the individual who signed a denial of parentage of the child that the acknowledgment has been rescinded. Failure to give the notice required by this subsection does not affect the validity of the rescission.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 19; 

(a) After the period for rescission under § 8-307 of this title expires, but not later than 2 years after the effective date under § 8-304 of this title of an acknowledgment of parentage or denial of parentage, a signatory of the acknowledgment or denial may commence a proceeding to challenge the acknowledgment or denial only on the basis of fraud, duress, or material mistake of fact.

(b) A challenge to an acknowledgment of parentage or denial of parentage by an individual who was not a signatory to the acknowledgment or denial is governed by § 8-610 of this title.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 20; 

(a) Every signatory to an acknowledgment of parentage and any related denial of parentage must be made a party to a proceeding to rescind or challenge the acknowledgment or denial.

(b) By signing an acknowledgment of parentage or denial of parentage a signatory submits to personal jurisdiction in this State in a proceeding to rescind or challenge the acknowledgment or denial, effective on the filing of the acknowledgment or denial with the Office of Vital Statistics.

(c) The court may not suspend the legal responsibilities arising from an acknowledgment of parentage, including the duty to pay child support, during the pendency of a proceeding to rescind or challenge the acknowledgment or a related denial of parentage, unless the party challenging the acknowledgment or denial shows good cause.

(d) A party seeking to rescind or challenge an acknowledgement of parentage or denial of parentage has the burden of proof.

(e) If the court determines that a party has satisfied the burden of proof under subsection (d) of this section, the court shall order the Office of Vital Statistics to amend the birth record of the child to reflect the legal parentage of the child.

(f) A proceeding to rescind or challenge an acknowledgment of parentage or denial of parentage must be conducted under subchapter VI of this chapter.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 21; 

A court conducting a judicial proceeding or an administrative agency conducting an administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of parentage.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 22; 

A court of this State shall give full faith and credit to an acknowledgment of parentage or denial of parentage effective in another state if the acknowledgment or denial was in a signed record and is otherwise in compliance with the law of the other state.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 23; 

(a) The Division of Child Support Services shall prescribe forms for an acknowledgment of parentage and denial of parentage.

(b) A valid acknowledgment of parentage or denial of parentage is not affected by a later modification of the form under subsection (a) of this section.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 234, § 14;  85 Del. Laws, c. 276, § 24; 

The Division of Child Support Services may release information relating to the acknowledgment of parentage or denial of parentage to a signatory of the acknowledgment or denial, a court, federal agency, and child support agency of this State or another state.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 234, § 15;  85 Del. Laws, c. 276, § 25; 

The Division of Child Support Services may adopt rules under Chapter 101 of Title 29 to implement this subchapter.

74 Del. Laws, c. 136, §  1;  80 Del. Laws, c. 234, § 16;  85 Del. Laws, c. 276, § 26;