Current through 2024 Legislative Session Act Chapter 476
Section 8-201 - Establishment of parent-child relationship(a) The mother-child relationship is established between a woman and a child by: (1) The woman's having given birth to the child, unless she is not the intended parent pursuant to a gestational carrier arrangement;(2) An adjudication of the woman's maternity;(3) Adoption of the child by the woman; (4) A determination by the court that the woman is a de facto parent of the child; or(5) The woman's intending to be the mother of a child born pursuant to a gestational carrier arrangement; or(6) The woman's having consented to assisted reproduction by another woman under subchapter VII of this chapter which resulted in the birth of the child.(b) The father-child relationship is established between a man and a child by: (1) An unrebutted presumption of the man's paternity of the child under § 8-204 of this title;(2) An effective acknowledgment of paternity by the man under subchapter III of this chapter, unless the acknowledgment has been rescinded or successfully challenged;(3) An adjudication of the man's paternity;(4) Adoption of the child by the man;(5) The man's having consented to assisted reproduction by a woman under subchapter VII of this chapter which resulted in the birth of the child; or(6) A determination by the court that the man is a de facto parent of the child(c) De facto parent status is established if the Family Court determines that the de facto parent:(1) Has had the support and consent of the child's parent or parents who fostered the formation and establishment of a parent-like relationship between the child and the de facto parent;(2) Has exercised parental responsibility for the child as that term is defined in § 1101 of this title; and(3) Has acted in a parental role for a length of time sufficient to have established a bonded and dependent relationship with the child that is parental in nature.Amended by Laws 2013, ch. 88,s 3, eff. 7/3/2013.74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 97, §§ 1 - 3.;