{"data":{"id":"us-de/13-del.-c.-8-708","jurisdiction":"us-de","citation":"13 Del. C. § 8-708","heading":"Parental status of deceased individual [Effective Dec. 6, 2026].","body":"(a) If an individual who intends to be a parent of a child conceived by assisted reproduction dies during the period between the transfer of a gamete or embryo and the birth of the child, the individual’s death does not preclude the establishment of the individual’s parentage of the child if the individual otherwise would be a parent of the child under this chapter.\n(b) If an individual who consented in a record to assisted reproduction by an individual who agreed to give birth to a child dies before a transfer of gametes or embryos, the deceased individual is a parent of a child conceived by the assisted reproduction only if:\n(1) Either:\na. The individual consented in a record that if assisted reproduction were to occur after the death of the individual, the individual would be a parent of the child; or\nb. The individual’s intent to be a parent of a child conceived by assisted reproduction after the individual’s death is established by clear-and-convincing evidence; and\n(2) Either:\na. The embryo is in utero not later than 36 months after the individual’s death; or\nb. The child is born not later than 45 months after the individual’s death.","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#8-708","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:17Z","sha256":"cac458e33f08cbb45daac8609eabb2a68f419abe90908c288bf6f13bc81d93a7","source_id":"us-de","stale":true,"prev":"us-de/13-del.-c.-8-707--2","next":"us-de/13-del.-c.-8-701"},"notice":"GroundRules: Original legal text. Not legal advice."}