13 Del. C. § 8-809: Rights and responsibilities of parents under a gestational carrier agreement [Effective Dec. 6, 2026].

(a) An individual who is considered to be the parent of a child under this chapter has all the rights, responsibities, and obligations set forth in Chapter 7 of this title.

(b) The breach of the gestational carrier agreement by the intended parents does not relieve the intended parents of the support obligations imposed by this chapter.

(c) If a laboratory error occurs in which the child conceived through means other than sexual intercourse is not genetically related to either of the intended parents, when the intent was for the child to be genetically related to 1 or both intended parents, the intended parents are the parents of the child unless otherwise determined by a court of competent jurisdiction in an action which can only be brought by 1 or more of the genetic parents within 60 days of the date of the child’s birth.