Del. Code Ann. tit. 13, § 8-201

Establishment of parent-child relationship [Effective until Dec. 6, 2026]

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;
  1. (a) The mother-child relationship is established between a woman and a child by:

    1. (1) The woman’s having given birth to the child, unless she is not the intended parent pursuant to a gestational carrier arrangement;
    2. (2) An adjudication of the woman’s maternity;
    3. (3) Adoption of the child by the woman;
    4. (4) A determination by the court that the woman is a de facto parent of the child; or
    5. (5) The woman’s intending to be the mother of a child born pursuant to a gestational carrier arrangement; or
    6. (6) The woman’s having consented to assisted reproduction by another woman under subchapter VII of this chapter which resulted in the birth of the child.
  2. (b) The father-child relationship is established between a man and a child by:

    1. (1) An unrebutted presumption of the man’s paternity of the child under § 8-204 of this title;
    2. (2) An effective acknowledgment of paternity by the man under subchapter III of this chapter, unless the acknowledgment has been rescinded or successfully challenged;
    3. (3) An adjudication of the man’s paternity;
    4. (4) Adoption of the child by the man;
    5. (5) The man’s having consented to assisted reproduction by a woman under subchapter VII of this chapter which resulted in the birth of the child; or
    6. (6) A determination by the court that the man is a de facto parent of the child
  3. (c) De facto parent status is established if the Family Court determines that the de facto parent:

    1. (1) Has had the support and consent of the child’s parent or parents who fostered the formation and establishment of a parent-like relationship between the child and the de facto parent;
    2. (2) Has exercised parental responsibility for the child as that term is defined in § 1101 of this title; and
    3. (3) Has acted in a parental role for a length of time sufficient to have established a bonded and dependent relationship with the child that is parental in nature.

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

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