(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.

Terms Used In Delaware Code Title 13 Sec. 8-201

  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Dependent: A person dependent for support upon another.

(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acknowledgment of paternity by the man under subchapter III of this chapter, unless the acknowledgment has been rescinded or successfully challenged;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.

74 Del. Laws, c. 136, § ?1; 70 Del. Laws, c. 186, § ?1; 77 Del. Laws, c. 97, §§ ?1-3; 79 Del. Laws, c. 88, § ?3;