{"data":{"id":"us-de/13-del.-c.-8-705--2","jurisdiction":"us-de","citation":"13 Del. C. § 8-705","heading":"Limitation on spouse’s dispute of parentage [Effective Dec. 6, 2026].","body":"(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:\n(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\n(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.\n(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:\n(1) The spouse neither provided a gamete for, nor consented to, the assisted reproduction;\n(2) The spouse and the individual who gave birth to the child have not cohabited since the probable time of assisted reproduction; and\n(3) The spouse never openly held out the child as the spouse’s child.\n(c) This section applies to a spouse’s dispute of parentage even if the spouse’s marriage is declared invalid after assisted reproduction occurs.","path":["Title 13. Domestic Relations","CHAPTER 8. Uniform Parentage Act [Effective Dec. 6, 2026].","Subchapter VII. Child of Assisted Reproduction [Effective Dec. 6, 2026]."],"source_url":"https://delcode.delaware.gov/title13/c008/sc07/index.html#8-705","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:17Z","sha256":"f8c498d7847510463bfa5cbbf4ebf33329bd95198f969391ab074a49206ee340","source_id":"us-de","stale":true,"prev":"us-de/13-del.-c.-8-704--2","next":"us-de/13-del.-c.-8-706--2"},"notice":"GroundRules: Original legal text. Not legal advice."}