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

13 Del. C. § 8-622: Binding effect of determination of parentage [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 VI. Proceeding to Adjudicate Parentage [Effective Dec. 6, 2026].

(a) Except as otherwise provided in subsection (b) of this section:

(1) A signatory to an acknowledgment of parentage or denial of parentage is bound by the acknowledgment and denial as provided in subchapter III of this chapter; and

(2) A party to an adjudication of parentage by a court acting under circumstances that satisfy the jurisdiction requirements of § 6-201 of this title and any individual who received notice of the proceeding are bound by the adjudication.

(b) A child is not bound by a determination of parentage under this chapter unless:

(1) The determination was based on an unrescinded acknowledgment of parentage and the acknowledgment is consistent with the results of genetic testing;

(2) The determination was based on a finding consistent with the results of genetic testing, and the consistency is declared in the determination or otherwise shown;

(3) The determination of parentage was made under subchapter VII or VIII of this chapter; or

(4) The child was a party or was represented by a guardian ad litem in the proceeding.

(c) In a proceeding for divorce, dissolution, annulment, or declaration of invalidity, the court is deemed to have made an adjudication of parentage of a child if the court acts under circumstances that satisfy the jurisdiction requirements of § 6-201 of this title and the final order:

(1) Expressly identifies the child as a “child of the marriage” or “issue of the marriage” or includes similar words indicating that both spouses are parents of the child; or

(2) Provides for support of the child by a spouse unless that spouse’s parentage is disclaimed specifically in the order.

(d) Except as otherwise provided in subsection (b) of this section or § 8-611 of this title, a determination of parentage may be asserted as a defense in a subsequent proceeding seeking to adjudicate parentage of an individual who was not a party to the earlier proceeding.

(e) A party to an adjudication of parentage may challenge the adjudication only under law of this State other than this chapter relating to appeal, vacation of judgment, or other judicial review.

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

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