Del. Code Ann. tit. 13, § 8-302
Execution of acknowledgment of paternity
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;
(a) An acknowledgment of paternity must:
- (1) Be in a record;
- (2) Be signed, or otherwise authenticated, under penalty of perjury by the mother and by the man seeking to establish the man’s own paternity;
(3) State that the child whose paternity is being acknowledged:
- (i) Does not have a presumed father, or has a presumed father whose full name is stated; and
- (ii) Does not have another acknowledged or adjudicated father.
- (4) State whether there has been genetic testing and, if so, that the acknowledging man’s claim of paternity is consistent with the results of the testing; and
- (5) State that the signatories understand that the acknowledgement is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the acknowledgement is permitted only under limited circumstances and is barred after 2 years.
(b) An acknowledgment of paternity is void if it:
- (1) States that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the Office of Vital Statistics;
- (2) States that another man is an acknowledged or adjudicated father;
- (3) Falsely denies the existence of a presumed, acknowledged or adjudicated father of the child; or
- (4) Is signed by the mother or a man seeking to establish the man’s own paternity who is a minor at the time of signing the acknowledgment of paternity.
- (c) A presumed father may sign or otherwise authenticate an acknowledgment of paternity.
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