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Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

13 Del. C. § 8-309: Procedure for rescission or challenge by signatory [Effective Dec. 6, 2026].

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Where this section sits in the code
  1. Title 13. Domestic Relations
  2. CHAPTER 8. Uniform Parentage Act [Effective Dec. 6, 2026].
  3. Subchapter III. Voluntary Acknowledgement of Parentage [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.

Collected 2026-09-05T23:02:16Z. Source file · JSON

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