2021 Delaware Code
Title 13 - Domestic Relations
Chapter 8. Uniform Parentage Act
Subchapter V. Genetic Testing
§ 8-502. Order for testing.

Universal Citation: 13 DE Code § 8-502. (2021)
§ 8-502. Order for testing.

(a) Except as otherwise provided in this subchapter and subchapter VII of this chapter, the court shall order the child and other designated individuals to submit to genetic testing if the request for testing is supported by the sworn statement of a party to the proceeding:

(1) Alleging paternity and stating facts establishing a reasonable probability of the requisite sexual contact between the individuals; or

(2) Denying paternity and stating facts establishing a possibility that sexual contact between the individuals, if any, did not result in the conception of the child.

(b) A support-enforcement agency may order genetic testing only if there is no presumed, acknowledged, or adjudicated father.

(c) If a request for genetic testing of a child is made before birth, the court or support-enforcement agency may not order in-utero testing.

(d) If 2 or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially.

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