Delaware Code Title 13 Sec. 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.
Terms Used In Delaware Code Title 13 Sec. 8-611
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Service of process: The service of writs or summonses to the appropriate party.
(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.