Delaware § 8-607 Limitation: Child having presumed father

Delaware Statutes

§ 8-607 — Limitation: Child having presumed father

Delaware·Title 13·Ch. 8 UNIFORM PARENTAGE ACT·Subch. Proceeding to Adjudicate Parentage

(a)Except as otherwise provided in subsection (b) of this section, a proceeding brought by a presumed father, the mother or another individual to adjudicate the parentage of a child having a presumed father must be commenced not later than 2 years after the birth of the child.

(b)A proceeding seeking to disprove the father-child relationship between a child and the child’s presumed father may be maintained at any time if the Court determines that:

(1)a. The presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception; and b. The presumed father never openly held out the child as his own; or

(2)The presumed father did not commence an action within the limitation period in reliance on the mother

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(a) Except as otherwise provided in subsection (b) of this section, a proceeding brought by a presumed father, the mother or another individual to adjudicate the parentage of a child having a presumed father must be commenced not later than 2 years after the birth of the child.

(b) A proceeding seeking to disprove the father-child relationship between a child and the child’s presumed father may be maintained at any time if the Court determines that:

(1) a. The presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception; and

b. The presumed father never openly held out the child as his own; or

(2) The presumed father did not commence an action within the limitation period in reliance on the mother’s failure to disclose the possibility of any other alleged fathers.

Delaware § 8-607 (Limitation: Child having presumed father) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.