13 Del. C. § 8-805: Effect of subsequent change of marital status [Effective Dec. 6, 2026].

(a) Unless a gestational or genetic carrier agreement expressly provides otherwise:

(1) The marriage of a gestational or genetic carrier after the agreement is signed by all parties does not affect the validity of the agreement, the consent of the gestational or genetic carrier’s spouse to the agreement is not required, and the gestational or genetic carrier’s spouse is not a presumed parent of a child conceived by assisted reproduction under the agreement; and

(2) The divorce, dissolution, annulment, or declaration of invalidity of the marriage of the gestational or genetic carrier after the agreement is signed by all parties does not affect the validity of the agreement.

(b) Unless a gestational or genetic carrier agreement expressly provides otherwise:

(1) The marriage of an intended parent after an agreement is signed by all parties does not affect the validity of a gestational or genetic carrier agreement, the consent of the spouse of the intended parent is not required, and the spouse of the intended parent is not, based on the agreement, a parent of the child conceived by assisted reproduction under the agreement; and

(2) The divorce, dissolution, annulment, or declaration of invalidity of an intended parent after the agreement is signed by all parties does not affect the validity of the agreement and, except as otherwise provided in § 8-817 of this title, the intended parents are the parents of the child.