§ 8-611 — Proceeding before birth

(a) A proceeding to determine parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child.

(b) But if a child was conceived through assisted reproduction, an order or judgment may be entered before the birth of the resulting child to establish a parent child relationship, as long as enforcement of the order or judgment shall be stayed until the birth of the child. Such an order shall be sought by filing a petition setting forth the name(s) and address(es) of the intended parent(s), the gestational carrier, if there is one, and her spouse, if there is one, and appending affidavits which:

(1) Attest that the pregnancy resulted through means other than sexual intercourse verified by the participating health care provider;

(2) Acknowledge parentage verified by the parent or parents; and

(3) In cases involving a gestational carrier only,

(i) Acknowledge nonparentage verified by the gestational carrier and her spouse, if there is one; and

(ii) Attest to the gestational carrier agreement signed by all the parties in accordance with § 8-807 of this title.

(c) Except in circumstances outlined in subsection (b) of this section, the following actions may be taken before the birth of any child:

(1) Service of process;

(2) Discovery; and

(3) Except as prohibited by § 8-502 of this title, collection of specimens for genetic testing.

Legislative History

74 Del. Laws, c. 136, § 1 ; 79 Del. Laws, c. 88, § 4