13 Del. C. § 8-818: Parentage under validated genetic carrier agreement [Effective Dec. 6, 2026].

(a) Unless a genetic carrier exercises the right under § 8-817 of this title to terminate a genetic carrier agreement, each intended parent is a parent of a child conceived by assisted reproduction under an agreement validated under § 8-816 of this title.

(b) Unless a genetic carrier exercises the right under § 8-817 of this title to terminate the genetic carrier agreement, on proof of a court order issued under § 8-816 of this title validating the agreement, the court shall make an order:

(1) Declaring that each intended parent is a parent of a child conceived by assisted reproduction under the agreement and ordering that parental rights and duties vest exclusively in each intended parent;

(2) Declaring that the genetic carrier and the genetic carrier’s spouse or former spouse, if any, are not parents of the child;

(3) Designating the contents of the birth certificate in accordance with subchapter II of Chapter 31 of Title 16 and directing the Office of Vital Statistics to designate each intended parent as a parent of the child;

(4) To protect the privacy of the child and the parties, declaring that the court record is not open to inspection except as authorized under § 8-807 of this title;

(5) If necessary, that the child be surrendered to the intended parents; and

(6) For other relief the court determines necessary and proper.

(c) If a genetic carrier terminates under § 8-817(a)(2) of this title a genetic carrier agreement, parentage of the child conceived by assisted reproduction under the agreement must be determined under subchapters I through VI of this chapter.

(d) If a child born to a genetic carrier is alleged not to have been conceived by assisted reproduction, the court shall order genetic testing to determine the genetic parentage of the child. If the child was not conceived by assisted reproduction, parentage must be determined under subchapter I through VI of this chapter. Unless the genetic carrier agreement provides otherwise, if the child was not conceived by assisted reproduction the genetic carrier is not entitled to any nonexpense-related compensation paid for serving as a genetic carrier.

(e) Unless a genetic carrier exercises the right under § 8-817 of this title to terminate the genetic carrier agreement, if an intended parent fails to file notice required under § 8-817(a) of this title, the genetic carrier or Department of Health and Social Services may file with the court, not later than 60 days after the birth of a child conceived by assisted reproduction under the agreement, notice that the child has been born to the genetic carrier. Unless the genetic carrier has properly exercised the right under § 8-817 of this title to withdraw consent to the agreement, on proof of a court order issued under § 8-816 of this title validating the agreement, the court shall order that each intended parent is a parent of the child.