13 Del. C. § 8-705: Limitation on spouse’s dispute of parentage [Effective Dec. 6, 2026].

(a) Except as otherwise provided in subsection (b) of this section, an individual who, at the time of a child’s birth, is the spouse of the individual who gave birth to a child by assisted reproduction may not challenge the individual’s parentage of the child unless:

(1) Not later than 2 years after the birth of the child, the individual commences a proceeding to adjudicate the individual’s parentage of the child; and

(2) The court finds that the individual did not consent to the assisted reproduction, before, on, or after birth of the child, or withdrew consent under § 8-707 of this title.

(b) A proceeding to adjudicate a spouse’s parentage of a child born by assisted reproduction may be maintained at any time if the court determines:

(1) The spouse neither provided a gamete for, nor consented to, the assisted reproduction;

(2) The spouse and the individual who gave birth to the child have not cohabited since the probable time of assisted reproduction; and

(3) The spouse never openly held out the child as the spouse’s child.

(c) This section applies to a spouse’s dispute of parentage even if the spouse’s marriage is declared invalid after assisted reproduction occurs.