(a) The court may order genetic testing of a brother of a man identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child.

Terms Used In Delaware Code Title 13 Sec. 8-510

  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

(b) If each brother satisfies the requirements as the identified father of the child under § 8-505 of this title without consideration of another identical brother being identified as the father of the child, the court may rely on nongenetic evidence to adjudicate which brother is the father of the child.

74 Del. Laws, c. 136, § ?1; 70 Del. Laws, c. 186, § ?1;