13 Del. C. § 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.