2006 Delaware Code - Subchapter VII — Child of Assisted Reproduction

§ 8-701. Scope of article.

This subchapter does not apply to the birth of a child conceived by means of sexual intercourse. (74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1.)

§ 8-702. Parental status of donor.

A donor is not a parent of a child conceived by means of assisted reproduction. (74 Del. Laws, c. 136, § 1.)

§ 8-703. Paternity of a child of assisted reproduction.

A man who provides sperm for, or consents to, assisted reproduction by a woman as provided in § 8-704 of this title with intent to be the parent of her child, is a parent of the resulting child. (74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1.)

§ 8-704. Consent to assisted reproduction.

(a) Consent by a woman and a man who intends to be a parent of a child born to the woman by assisted reproduction must be in a record signed by the woman and the man. This requirement does not apply to a donor.

(b) Failure to sign a consent required by subsection (a) of this section, before or after birth of the child, does not preclude a finding of paternity if the woman and man, during the first 2 years of the child's life, resided together in the same household with the child and openly held out the child as their own. (74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1.)

§ 8-705. Limitation on husband's dispute of paternity.

(a) Except as otherwise provided in subsection (b) of this section, the husband of a wife who gives birth to a child by means of assisted reproduction may not challenge his paternity of the child unless:

(1) Within 2 years after learning of the birth of the child he commences a proceeding to adjudicate his paternity; and

(2) The court finds that he did not consent to the assisted reproduction, before or after birth of the child.

(b) A proceeding to adjudicate paternity may be maintained at any time if the court determines that:

(1) The husband did not provide sperm for, or before or after the birth of the child consent to assisted reproduction by his wife;

(2) The husband and the mother of the child have not cohabited since the probable time of assisted reproduction; and

(3) The husband never openly held out the child as his own.

(c) The limitation provided in this section applies to a marriage declared invalid after assisted reproduction. (74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1.)

§ 8-706. Effect of dissolution of marriage or withdrawal of consent.

(a) If a marriage is dissolved before placement of eggs, sperm or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a record that if assisted reproduction were to occur after a divorce, the former spouse would be a parent of the child.

(b) The consent of a woman or a man to assisted reproduction may be withdrawn by that individual in a record at any time before placement of eggs, sperm or embryos. An individual who withdraws consent under this section is not a parent of the resulting child. (74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1.)

§ 8-707. Parental status of deceased individual.

If an individual who consented in a record to be a parent by assisted reproduction dies before placement of eggs, sperm, or embryos, the deceased individual is not a parent of the resulting child unless the deceased individual consented in a record that if assisted reproduction were to occur after death, the deceased individual would be a parent of the child. (74 Del. Laws, c. 136, § 1.)