In this subchapter:

(1) “Combined relationship index” means the product of all tested relationship indices.

(2) “Ethnic or racial group” means, for the purpose of genetic testing, a recognized group that an individual identifies as the individual’s ancestry or part of the ancestry or that is identified by other information.

(3) “Hypothesized genetic relationship” means an asserted genetic relationship between an individual and a child.

(4) “Probability of parentage” means, for the ethnic or racial group to which an individual alleged to be a parent belongs, the probability that a hypothesized genetic relationship is supported, compared to the probability that a genetic relationship is supported between the child and a random individual of the ethnic or racial group used in the hypothesized genetic relationship, expressed as a percentage incorporating the combined relationship index and a prior probability.

(5) “Relationship index” means a likelihood ratio that compares the probability of a genetic marker given a hypothesized genetic relationship and the probability of the genetic marker given a genetic relationship between the child and a random individual of the ethnic or racial group used in the hypothesized genetic relationship.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 88, §  1;  85 Del. Laws, c. 276, § 41; 

(a) This subchapter governs genetic testing of an individual in a proceeding to adjudicate parentage, whether the individual:

(1) Voluntarily submits to testing; or

(2) Is tested under an order of the court or a child-support agency.

(b) Genetic testing may not be used:

(1) To challenge the parentage of an individual who is a parent under subchapter VII or VIII of this chapter; or

(2) To establish the parentage of an individual who is a donor.

74 Del. Laws, c. 136, §  1;  85 Del. Laws, c. 276, § 42; 

(a) Except as otherwise provided in this subchapter and subchapter VI of this chapter, in a proceeding under this chapter to determine parentage, the court shall order the child and any other individual to submit to genetic testing if a request for testing is supported by the sworn statement of a party:

(1) Alleging a reasonable possibility that the individual is the child’s genetic parent; or

(2) Denying genetic parentage of the child and stating facts establishing a reasonable possibility that the individual is not a genetic parent.

(b) A child-support agency may order genetic testing only if there is no presumed, acknowledged, or adjudicated parent of a child other than the individual who gave birth to the child.

(c) The court or child-support agency may not order in utero genetic testing.

(d) If 2 or more individuals are subject to court-ordered genetic testing, the court may order that testing be completed concurrently or sequentially.

(e) Genetic testing of an individual who gave birth to a child is not a condition precedent to testing of the child and an individual whose genetic parentage of the child is being determined. If the individual who gave birth to a child is unavailable or declines to submit to genetic testing, the court may order genetic testing of the child and each individual whose genetic parentage of the child is being adjudicated.

(f) In a proceeding to adjudicate the parentage of a child having a presumed parent or an individual who claims to be a parent under § 8-609 of this title, or to challenge an acknowledgment of parentage, the court may deny a motion for genetic testing of the child and any other individual after considering the factors in § 8-613(a) and (b) of this title.

(g) If an individual requesting genetic testing is barred under subchapter VI of this chapter from establishing the individual’s parentage, the court shall deny the request for genetic testing.

(h) An order under this section for genetic testing is enforceable by contempt.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 456, §§  3, 6;  85 Del. Laws, c. 276, § 43; 

(a) Genetic testing must be of a type reasonably relied on by experts in the field of genetic testing and performed in a testing laboratory accredited by:

(1) The AABB, formerly known as the American Association of Blood Banks, or a successor to the AABB’s functions; or

(2) An accrediting body designated by the Secretary of the United States Department of Health and Human Services.

(b) A specimen used in genetic testing may consist of a sample or a combination of samples of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each individual undergoing genetic testing.

(c) Based on the ethnic or racial group of an individual undergoing genetic testing, a testing laboratory shall determine the databases from which to select frequencies for use in calculating a relationship index. If an individual or a child-support agency objects to the laboratory’s choice, the following rules apply:

(1) Not later than 30 days after receipt of the report of the test, the objecting individual or child support agency may request the court to require the laboratory to recalculate the relationship index using an ethnic or racial group different from that used by the laboratory.

(2) The individual or child-support agency objecting to the laboratory’s choice under this subsection shall:

a. If the requested frequencies are not available to the laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or

b. Engage another laboratory to perform the calculations.

(3) The laboratory may use the laboratory’s own statistical estimate if there is a question as to which ethnic or racial group is appropriate. The laboratory shall calculate the frequencies using statistics, if possible, for any other ethnic or racial group requested.

(d) If, after recalculation of the relationship index under subsection (c) of this section using a different ethnic or racial group, genetic testing under § 8-506 of this title does not identify an individual as a genetic parent of a child, the court may require an individual who has been tested to submit to additional genetic testing to identify a genetic parent.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 44; 

(a) A report of genetic testing must be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report complying with the requirements of this subchapter is self-authenticating.

(b) Documentation from a testing laboratory of the following information is sufficient to establish a reliable chain of custody and allows the results of genetic testing to be admissible without testimony:

(1) The name and photograph of each individual whose specimen has been taken;

(2) The name of the individual who collected each specimen;

(3) The place and date each specimen was collected;

(4) The name of the individual who received each specimen in the testing laboratory; and

(5) The date each specimen was received.

74 Del. Laws, c. 136, §  1;  85 Del. Laws, c. 276, § 45; 

(a) Subject to a challenge under subsection (b) of this section, an individual is identified under this chapter as a genetic parent of a child if genetic testing complies with this subchapter and the results of the testing disclose:

(1) The individual has at least a 99% percent probability of parentage, using a prior probability of 0.50, as calculated by using the combined relationship index obtained in the testing; and

(2) A combined relationship index of at least 100 to 1.

(b) An individual identified under subsection (a) of this section as a genetic parent of the child may challenge the genetic testing results only by other genetic testing satisfying the requirements of this subchapter which:

(1) Excludes the individual as a genetic parent of the child; or

(2) Identifies another individual as a possible genetic parent of the child other than:

a. The individual who gave birth to the child; or

b. The individual identified under subsection (a) of this section.

(c) Except as otherwise provided in § 8-511 of this title, if more than 1 individual other than the individual who gave birth is identified by genetic testing as a possible genetic parent of the child, the court shall order each individual to submit to further genetic testing to identify a genetic parent.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 46; 

(a) Subject to assessment of fees under subchapter VI of this chapter, payment of the cost of initial genetic testing must be made in advance:

(1) By a child-support agency in a proceeding in which the child-support agency is providing services;

(2) By the individual who made the request for genetic testing;

(3) As agreed by the parties; or

(4) As ordered by the court.

(b) If the cost of genetic testing is paid by a child-support agency, the agency may seek reimbursement from the genetic parent whose parent-child relationship is established.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 47; 

The Court or child-support agency shall order additional genetic testing on request of an individual who contests the result of the initial testing under § 8-506 of this title. If initial genetic testing under § 8-506 of this title identified an individual as a genetic parent of the child, the court or agency may not order additional testing unless the contesting individual pays for the testing in advance.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 48; 

(a) Subject to subsection (b) of this section, if a genetic-testing specimen is not available from an alleged genetic parent of a child, for good cause and under circumstances the court considers to be just, the court may order any of the following individuals to submit specimens for genetic testing:

(1) A parent of the alleged genetic parent;

(2) A sibling of the alleged genetic parent;

(3) Another child of the alleged genetic parent and the individual who gave birth to the other child; and

(4) Another relative of the alleged genetic parent necessary to complete genetic testing.

(b) To issue an order under this section, the court must find that a need for genetic testing outweighs the legitimate interests of the individual sought to be tested.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 49; 

If an individual seeking genetic testing demonstrates good cause, the court may order genetic testing of a deceased individual.

74 Del. Laws, c. 136, §  1;  85 Del. Laws, c. 276, § 50; 

(a) If the court finds there is reason to believe that an alleged genetic parent has an identical sibling and evidence that the sibling may be a genetic parent of the child, the court may order genetic testing of the sibling.

(b) If more than 1 sibling is identified under§ 8-506 of this title as a genetic parent of the child, the court may rely on nongenetic evidence to adjudicate which sibling is a genetic parent of the child.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 51; 

(a) Release of a report of genetic testing for parentage is controlled by law of this State other than this chapter.

(b) An individual may not intentionally release an identifiable specimen of another individual collected for genetic testing under this subchapter for a purpose not relevant to a proceeding regarding parentage, without a court order or written permission of the individual who furnished the specimen.

(c) A violation of this section is a class A misdemeanor.

(d) The Superior Court has exclusive jurisdiction over a violation of this section.

85 Del. Laws, c. 276, § 52;