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    Del. Code tit. 13 ch. 8

    Chapter 8

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    § 8-101 Short title [Effective Dec. 6, 2026]. This chapter may be cited as the “Uniform Parentage Act (2017).” 74 Del. Laws, c. 136, §  1 ; 85 Del. Laws, c. 276, § 1 ; § 8-102 Definitions [Effective Dec. 6, 2026]. In this chapter: (1) “Acknowledged parent” means an individual who has established a parent-child relationship under subchapter III of this chapter. (2) “Adjudicated parent” means an individual who has been adjudicated by a court of competent jurisdiction to be the parent of a child. (3) “Alleged genetic parent” means an individual who alleges to be, or is alleged to be, a genetic parent or a possible genetic parent of a child whose parentage has not been adjudicated. The term includes an alleged genetic father and alleged genetic mother. The term does not include: a. A presumed parent; b. An individual whose parental rights have been terminated or declared not to exist; or c. A donor. (4) “Assisted reproduction” means a method of causing pregnancy other than sexual intercourse. The term includes: a. Insemination; b. Donation of gametes; c. Donation of embryos; d. In-vitro fertilization and transfer of embryos; and e. Intracytoplasmic sperm injection. (5) “Birth” includes stillbirth. (6) “Child” means an individual of any age whose parentage may be determined under this chapter. (7) “Child-support agency” means a government entity, public official, or private agency, authorized to provide parentage-establishment services under Title IV-D of the Social Security Act, 42 U.S.C. §§ 651 through 669. (8) “Commence” means to file the initial pleading seeking an adjudication of parentage in the Family Court of this State. “Commenced” and “commencement” have a similar meaning. (9) a. “Compensation” means payment of any valuable consideration. b. “Compensation” does not include payment for reasonable medical and ancillary costs. (10) “Determination of parentage” means establishment of a parent-child relationship by a judicial or administrative proceeding or the signing of a valid acknowledgment of parentage under subchapter III of this chapter. (11) “Donor” means an individual who provides gametes or embryos intended for use in assisted reproduction, whether or not for consideration. The term does not include: a. An individual who gives birth to a child conceived by means of assisted reproduction, except as otherwise provided in subchapter VIII of this chapter; or b. A parent under subchapter VII of this chapter or an intended parent under subchapter VIII of this chapter. (12) “Gamete” means sperm, egg, or any part of a sperm or egg. (13) “Genetic testing” means an analysis of genetic markers to identify or exclude a genetic relationship. (14) “Individual” means a natural person of any age. (15) “Intended parent” means an individual, married or unmarried, who manifests an intent to be legally bound as a parent of a child conceived by assisted reproduction. (16) “In vitro fertilization” means the fertilization of egg with sperm outside of the human body. (17) “Notarial officer” means a notary public or other individual authorized under subchapter II of Chapter 43 of Title 29 to perform a notarial act. (18) “Parent” means an individual who has established a parent-child relationship under § 8-201 of this title. (19) “Parentage” or “parent-child relationship” means the legal relationship between a child and a parent of the child. (20) “Presumed parent” means an individual who, under § 8-204 of this title, is presumed to be a parent of a child, unless the presumption is overcome in a judicial proceeding, a valid denial of parentage is made under subchapter III of this chapter, or a court adjudicates the individual to be a parent. (21) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (22) “Sign” means, with present intent to authenticate or adopt a record: a. To execute or adopt a tangible symbol; or b. To attach to or logically associate with the record an electronic symbol, sound, or process. (23) “Signatory” means an individual who signs a record. (24) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. The term includes a federally recognized Indian tribe. (25) “Transfer” means a procedure for assisted reproduction by which an embryo or sperm is placed in the body of the individual who will give birth to the child. (26) “Witnessed” means that at least 1 individual who is authorized to sign has signed a record to verify that the individual personally observed a signatory sign the record. 74 Del. Laws, c. 136, §  1 ; 70 Del. Laws, c. 186, §  1 ; 79 Del. Laws, c. 88, §  1 ; 85 Del. Laws, c. 276, § 2 ; § 8-103 Scope of chapter; choice of law [Effective Dec. 6, 2026]. (a) This chapter applies to an adjudication or determination of parentage in this State. (b) The court shall apply the law of this State to adjudicate the parent-child relationship. The applicable law does not depend on: (1) The place of birth of the child; or (2) The past or present residence of the child. (c) This chapter does not create, affect, enlarge, or diminish parental rights or duties under law of this State other than this chapter. (d) This chapter authorizes a surrogacy agreement as provided in subchapter VIII of this chapter. If a birth results under a surrogacy agreement and the agreement is unenforceable under the law of this State, the parent-child relationship is determined as provided in subchapter VIII of this chapter. 74 Del. Laws, c. 136, §  1 ; 70 Del. Laws, c. 186, §  1 ; 79 Del. Laws, c. 88, §  2 ; 85 Del. Laws, c. 276, § 3 ; § 8-104 Court of this State [Effective Dec. 6, 2026]. The Family Court of the State of Delaware may adjudicate parentage under this chapter. 74 Del. Laws, c. 136, §  1 ; 85 Del. Laws, c. 276, § 4 ; § 8-105 Protection of participants [Effective Dec. 6, 2026]. (a) Notwithstanding any other law concerning public hearings and records, any hearing or trial under this chapter must be held in closed court without admittance of any person other than those necessary to the action or proceeding, unless the court otherwise directs for good cause. (b) All records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in the appropriate public agency or elsewhere, are subject to inspection by persons other than the parties only with consent of the court, for good cause. 74 Del. Laws, c. 136, §  1 ; 85 Del. Laws, c. 276, § 5 ; § 8-106 Determination of maternity and paternity [Effective Dec. 6, 2026]. To the extent practicable, a provision of this chapter applicable to a father-child relationship applies to a mother-child relationship and a provision of this chapter applicable to a mother-child relationship applies to a father-child relationship. 74 Del. Laws, c. 136, §  1 ; 70 Del. Laws, c. 186, §  1 ; 85 Del. Laws, c. 276, § 6 ; § 8-107 Child’s right to determination of parentage [Effective Dec. 6, 2026]. A child has the same rights and protections under law to parentage without regard to the marital status, age, gender, gender identity, or sexual orientation of the child’s parents or the circumstances of the child’s birth, including whether the child was born as a result of gestational or genetic surrogacy under subchapter VIII of this chapter or assisted reproduction. 85 Del. Laws, c. 276, § 7 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 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, §  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, § 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, §  1 ; 85 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, §  1 ; 85 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, §  1 ; 70 Del. Laws, c. 186, §  1 ; 85 Del. Laws, c. 276, § 11 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 8-301 Acknowledgment of parentage [Effective Dec. 6, 2026]. 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 ; § 8-302 Execution of acknowledgment of parentage [Effective Dec. 6, 2026]. (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 ; § 8-303 Denial of parentage [Effective Dec. 6, 2026]. 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 ; § 8-304 Rules for acknowledgment or denial of parentage [Effective Dec. 6, 2026]. (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 ; § 8-305 Effect of acknowledgment or denial of parentage [Effective Dec. 6, 2026]. (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 ; § 8-306 No filing fee [Effective Dec. 6, 2026]. 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 ; § 8-307 Proceeding for rescission [Effective Dec. 6, 2026]. (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 ; § 8-308 Challenge after expiration of period for rescission [Effective Dec. 6, 2026]. (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 ; § 8-309 Procedure for rescission or challenge by signatory [Effective Dec. 6, 2026]. (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 ; § 8-310 Ratification barred [Effective Dec. 6, 2026]. 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 ; § 8-311 Full faith and credit [Effective Dec. 6, 2026]. 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 ; § 8-312 Forms for acknowledgment and denial of parentage [Effective Dec. 6, 2026]. (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 ; § 8-313 Release of information [Effective Dec. 6, 2026]. 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 ; § 8-314 Adoption of rules [Effective Dec. 6, 2026]. 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 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 8-401 Establishment of registry. A registry of paternity is established in the Office of Vital Statistics. 74 Del. Laws, c. 136, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 8-402 Registration for notification [Effective Dec. 6, 2026]. (a) Except as otherwise provided in subsection (b) of § 8-405 of this title, a man who desires to be notified of a proceeding for adoption of, or termination of parental rights regarding, the man’s genetic child must register in the registry of paternity established by § 8-401 of this title before the birth of the child or not later than 30 days after the birth. (b) A man is not required to register under subsection (a) of this section if: (1) A parent-child relationship between the man and the child has been established under this chapter or the law of this State other than this chapter; or (2) The man commences a proceeding to adjudicate the man’s parentage before a court has terminated the man’s parental rights. (c) A man who registers under subsection (a) of this section shall notify the registry promptly in a record of any change in the information registered. The Office of Vital Statistics shall incorporate new information received into Office’s records but need not seek to obtain current information for incorporation in the registry. 74 Del. Laws, c. 136, §  1 ; 70 Del. Laws, c. 186, §  1 ; 85 Del. Laws, c. 276, § 27 ; § 8-403 Notice of proceeding [Effective Dec. 6, 2026]. (a) An individual who seeks to adopt a child or terminate parental rights to the child shall give notice of the proceeding to a man who has registered timely under § 8-402(a) of this title regarding the child. (b) Notice must be given in a manner prescribed for service of process in a civil proceeding in this State. 74 Del. Laws, c. 136, §  1 ; 85 Del. Laws, c. 276, § 28 ; § 8-404 Termination of parental rights; child under 1 year of age [Effective Dec. 6, 2026]. An individual who seeks to adopt a child or terminate parental rights to the child is not required to give notice of the proceeding to a man who may be the genetic father of the child if: (1) The child is under 1 year of age at the time of the termination of parental rights; (2) The man did not register timely with the Office of Vital Statistics under § 8-402(a) of this title; and (3) The man is not exempt from registration under § 8-402(b) of this title. 74 Del. Laws, c. 136, §  1 ; 70 Del. Laws, c. 186, §  1 ; 85 Del. Laws, c. 276, § 29 ; § 8-405 Termination of parental rights; child at least 1 year of age [Effective Dec. 6, 2026]. (a) If a child is at least 1 year of age, an individual seeking to adopt or terminate parental rights to the child shall give notice of the proceeding to each alleged genetic father of the child, whether or not the alleged genetic father has registered under § 8-402(a) of this title unless the alleged genetic father’s parental rights have already been terminated. (b) Notice must be given in a manner prescribed for service of process in a civil proceeding in this State. 74 Del. Laws, c. 136, §  1 ; 70 Del. Laws, c. 186, §  1 ; 85 Del. Laws, c. 276, § 30 ; § 8-406 Required form [Effective Dec. 6, 2026]. (a) The Office of Vital Statistics shall prescribe a form for registering under § 8-402(a) of this title. The form must state that: (1) The man who registers signs the form under penalty of perjury. (2) Timely registration entitles the man who registers to notice of a proceeding for adoption of the child or termination of the man’s parental rights; (3) Timely registration does not commence a proceeding to establish parentage; (4) The information disclosed on the form may be used against the man to establish parentage; (5) Services to assist in establishing parentage are available to the man who registers through the child-support agency; (6) The man who registers also may register in a registry of paternity in another state if conception or birth of the child occurred in the other state. (7) Information on registries of paternity of other states is available from the Office of Vital Statistics and the child-support agency; and (8) Procedures exist to rescind the registration. (b) A man who registers under § 8-402(a) of this title shall sign the form described in subsection (a) of this section under penalty of perjury. 74 Del. Laws, c. 136, §  1 ; 70 Del. Laws, c. 186, §  1 ; 85 Del. Laws, c. 276, § 31 ; § 8-407 Furnishing of information; confidentiality [Effective Dec. 6, 2026]. (a) The Office of Vital Statistics is not required to seek to locate the individual who gave birth to the child who is the subject of a registration under § 8-402(a) of this title, but the Office of Vital Statistics shall give notice of the registration to that individual if the Office of Vital Statistics has that individual’s address. (b) Information contained in the registry established by § 8-401 of this title is confidential and may be released on request only to: (1) A court or an individual designated by the court; (2) The individual who gave birth to the child who is the subject of the registration; (3) An agency authorized by law of this State other than this chapter, law of another state, or federal law to receive the information; (4) A licensed child-placing agency; (5) A child-support agency; (6) A party or the party’s attorney of record in a proceeding under this chapter or in a proceeding to adopt or to terminate parental rights to the child who is the subject of the registration; and (7) A registry of paternity in another state. 74 Del. Laws, c. 136, §  1 ; 70 Del. Laws, c. 186, §  1 ; 85 Del. Laws, c. 276, § 32 ; Part 2 Operation of Registry [Effective Dec. 6, 2026]. § 8-408 Penalty for releasing information; class A misdemeanor [Effective Dec. 6, 2026]. (a) An individual may not intentionally release information from the registry established by § 8-401 of this title to an individual or agency not authorized under § 8-407(b) of this title to receive the information. (b) A violation of this section is a class A misdemeanor. (c) The Superior Court has exclusive jurisdiction over a violation of this section. 85 Del. Laws, c. 276, § 33 ; § 8-409 Rescission of registration [Effective Dec. 6, 2026]. A man who registers under § 8-402(a) of this title may rescind registration at any time by filing with the registry established by § 8-401 of this title a rescission in a signed record that is attested by a notarial officer or witnessed. 74 Del. Laws, c. 136, §  1 ; 70 Del. Laws, c. 186, §  1 ; 84 Del. Laws, c. 42, § 1 ; 85 Del. Laws, c. 276, § 34 ; § 8-410 Untimely registration [Effective Dec. 6, 2026]. If a man registers under § 8-402(a) of this title more than 30 days after the birth of the child, the Office of Vital Statistics shall notify the man that, based on a review of the registration, the registration was not filed timely. 74 Del. Laws, c. 136, §  1 ; 70 Del. Laws, c. 186, §  1 ; 85 Del. Laws, c. 276, § 35 ; § 8-411 Fees for registry [Effective Dec. 6, 2026]. (a) The Office of Vital Statistics may not charge a fee for filing a registration under § 8-402(a) of this title or a rescission of registration under § 8-409 of this title. (b) Except as otherwise provided in subsection (c) of this section, the Office of Vital Statistics may charge a reasonable fee to search the registry established by § 8-401 of this title and for furnishing a certificate of search under § 8-414 of this title. (c) A child-support agency and other appropriate agencies of this State, if any, are not required to pay a fee authorized by subsection (b) of this section. 74 Del. Laws, c. 136, §  1 ; 85 Del. Laws, c. 276, § 36 ; Part 3 Search of Registries [Effective Dec. 6, 2026]. § 8-412 Child born through assisted reproduction; search of registry inapplicable [Effective Dec. 6, 2026]. This Part does not apply to a child born through assisted reproduction. 85 Del. Laws, c. 276, § 37 ; § 8-413 Search of appropriate registry [Effective Dec. 6, 2026]. If a parent-child relationship has not been established under this chapter between a child who is under 1 year of age and an individual other than the individual who gave birth to the child: (1) An individual seeking to adopt or terminate parental rights to the child shall obtain a certificate of search under § 8-414 of this title to determine if a registration has been filed in the registry established by § 8-401 of this title regarding the child; and (2) If the individual has reason to believe that conception or birth of the child may have occurred in another state, the individual shall obtain a certificate of search from the registry, if any, in that state. 74 Del. Laws, c. 136, §  1 ; 70 Del. Laws, c. 186, §  1 ; 85 Del. Laws, c. 276, § 38 ; § 8-414 Certificate of search of registry [Effective Dec. 6, 2026]. (a) The Office of Vital Statistics shall furnish a certificate of search of the registry established by § 8-401 of this title on request to an individual, court, or agency identified in § 8-407(b) of this title or an individual required under § 8-413(1) of this title to obtain a certificate. (b) A certificate furnished under subsection (a) of this section: (1) Must be signed on behalf of the Office of Vital Statistics and state that: a. A search has been made of the registry; and b. A registration under § 8-402(a) of this title containing the information required to identify the man who registered under § 8-402(a) of this title: 1. Has been found; or 2. Has not been found; and (2) If paragraph (b)(1)b.1. of this section applies, must have a copy of the registration attached. (c) An individual seeking to adopt or terminate parental rights to a child must file with the court the certificate of search furnished under subsection (a) of this section and § 8-413(2) of this title, if applicable, before a proceeding to adopt or terminate parental rights to the child may be concluded. 74 Del. Laws, c. 136, §  1 ; 85 Del. Laws, c. 276, § 39 ; § 8-415 Admissibility of registered information [Effective Dec. 6, 2026]. A certificate of search of a registry of paternity in this or another state is admissible in a proceeding for adoption of, or termination of, parental rights to a child and, if relevant, in other legal proceedings. 74 Del. Laws, c. 136, §  1 ; 70 Del. Laws, c. 186, §  1 ; 85 Del. Laws, c. 276, § 40 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 8-501 Definitions [Effective Dec. 6, 2026]. 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 ; § 8-502 Scope of subchapter; limitation on use of genetic testing [Effective Dec. 6, 2026]. (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 ; § 8-503 Authority to order or deny genetic testing [Effective Dec. 6, 2026]. (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 ; § 8-504 Requirements for genetic testing [Effective Dec. 6, 2026]. (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 ; § 8-505 Report of genetic testing [Effective Dec. 6, 2026]. (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 ; § 8-506 Genetic testing results; challenge to results [Effective Dec. 6, 2026]. (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 ; § 8-507 Costs of genetic testing [Effective Dec. 6, 2026]. (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 ; § 8-508 Additional genetic testing [Effective Dec. 6, 2026]. 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 ; § 8-509 Genetic testing when specimen not available [Effective Dec. 6, 2026]. (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 ; § 8-510 Deceased individual [Effective Dec. 6, 2026]. 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 ; § 8-511 Identical siblings [Effective Dec. 6, 2026]. (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 ; § 8-512 Confidentiality of genetic testing; violation is class A misdemeanor [Effective Dec. 6, 2026]. (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 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 8-601 Proceeding authorized [Effective Dec. 6, 2026]. 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 ; § 8-602 Standing to maintain proceeding [Effective Dec. 6, 2026]. 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 ; § 8-603 Notice of proceeding [Effective Dec. 6, 2026]. (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 ; § 8-604 Personal jurisdiction [Effective Dec. 6, 2026]. (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 ; § 8-605 Venue [Effective Dec. 6, 2026]. 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 ; Part 2 Special Rules for Proceeding to Adjudicate Parentage [Effective Dec. 6, 2026]. § 8-606 Admissibility of results of genetic testing [Effective Dec. 6, 2026]. (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 ; § 8-607 Adjudicating parentage of child with alleged genetic parent [Effective Dec. 6, 2026]. (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 ; § 8-608 Adjudicating parentage of child with presumed parent [Effective Dec. 6, 2026]. (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 ; § 8-609 Adjudicating claim of de facto parentage of child [Effective Dec. 6, 2026]. (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.

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