Del. Code Ann. tit. 13, § 8-637
Binding effect of determination of parentage [Repealed effective Dec. 6, 2026]
74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1;
(a) Except as otherwise provided in subsection (b) of this section, a determination of parentage is binding on:
- (1) All signatories to an acknowledgment or denial of paternity as provided in subchapter III of this chapter;
- (2) All parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of § 6-201 of this title;
- (3) The child.
(b) In a proceeding to dissolve a marriage, the court is deemed to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of § 6-201 of this title and the final order:
- (1) Expressly identifies a child as a “child of the marriage,” “issue of the marriage,” or similar words indicating that the husband is the father of the child; or
- (2) Provides for support of the child by the husband unless paternity is specifically disclaimed in the order.
- (c) Except as otherwise provided in subsection (b) of this section, a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding.
- (d) A party to an adjudication of paternity may challenge the adjudication only under law of this State relating to appeal, vacation of judgments or other judicial review.