13 Del. C. § 8-806: Gestational and genetic carrier agreements: parentage of deceased intended parent [Effective Dec. 6, 2026].

(a) Section 8-811 of this title applies to an intended parent under a gestational carrier agreement even if the intended parent died during the period between the transfer of a gamete or embryo and the birth of the child.

(b) Except as otherwise provided in § 8-818, § 8-819, or § 8-820 of this title, on birth of a child conceived by assisted reproduction under a genetic carrier agreement, each intended parent is, by operation of law, a parent of the child, notwithstanding the death of an intended parent during the period between the transfer of a gamete or embryo and the birth of the child.

(c) Except as otherwise provided in § 8-811, § 8-818, § 8-819, or § 8-820 of this title, an intended parent is not a parent of a child conceived by assisted reproduction under a gestational or genetic carrier agreement if the intended parent dies before the transfer of a gamete or embryo unless:

(1) The agreement provides otherwise; and

(2) The transfer of the gamete or embryo occurs not later than 36 months after the death of the intended parent, or birth of the child occurs not later than 45 months after the death of the intended parent.