Paternity Testing Information for the Delaware (DE)

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The Delaware Statute

804. Presumption of paternity.

(a) A man is presumed to be the father of the child if:

(1) He and the child's mother are or have been married to each other and the child is born during the marriage; or born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, divorce or after a decree of separation is entered by a court;

(2) Before the child's birth, he and child's mother have attempted to marry each other by a marriage solemnized in apparent compliance with the law, although the attempted marriage is or could be declared invalid, and:

a. If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after its termination by death, annulment, declaration of invalidity or divorce; or

b. If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation;

(3) After the child's birth, he and the child's mother have married or attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and:

a. With his consent, he is named as the child's father on the child's birth certificate; or

b. He is obligated to support the child under a written agreement or by court order;

(4) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child for a reasonable period of time;

(5) He acknowledges his paternity of the child in a writing signed under oath by him and the mother and filed with the Office of Vital Statistics, which acknowledgement contains:

a. The mother's address and Social Security number, her statement that the putative father is the only possible father and her consent to the acknowledgement of paternity;

b. The putative father's address and Social Security number and his statement that he is the biological father of the child;

c. Subject to the provisions of subsection (c) of this section, their acknowledgement of a right to blood, tissue, or other genetic testing to determine paternity or nonpaternity and of the right to otherwise dispute paternity in any subsequent action in which the paternity of the child by the putative father is an element of the claim for relief or a defense;

d. A statement of the legal effects of the acknowledgement of paternity under subsection (c) this section;

e. A statement of the alternatives to and legal consequences of any rights and responsibilities of acknowledging paternity, including that the acknowledgement of paternity establishes the duty of both parties to support the child, is the basis for the entry of a child support order without further proceedings to establish paternity, may be the basis for the putative father establishing custody and visitation rights, establishes inheritance rights, and may be the basis for requiring notice to the putative father prior to an adoption;

f. Instructions for filing the acknowledgement with the Office of Vital Statistics; and

g. The acknowledgment of both the putative father and the mother that they have been notified, orally and in writing, of each of the items listed in subparagraphs a. through f. of this subsection before signing the acknowledgment of paternity; or

(6) Blood, tissue, or other genetic testing performed by order of the court or the Division of Child Support Enforcement, or at the request of the man or the mother, establishes that the probability of paternity of the man being the father of the child is at least 99 percent and the laboratory providing genetic testing is certified or accredited by the Parentage Testing Committee of the American Association of Blood Banks (AABB) and/or the American Society of Histocompatibility and Immunogenetics (ASHI) or other similar scientifically recognized certifying or accrediting body. A laboratory meeting the requirements of this paragraph shall be included within the meaning of "expert" as that term is used in this chapter with regard to testing to determine paternity or nonpaternity.

(b) A presumption under subsections (a)(1) through (a)(4) and (a)(6) of this section may be rebutted in an appropriate action only by clear and convincing evidence. If 2 or more presumptions arise which conflict with each other, the presumption which on the facts is founded on weightier considerations of policy and logic controls. This presumption is rebutted by a court decree establishing paternity of the child by another man.

(c) An acknowledgment of paternity made and filed pursuant to subsection (a)(5) of this section or § 3105 or § 3121 of Title 16 shall be final, binding, conclusive and determinative of the child's paternity for all purposes, unless timely rescinded in the manner provided in subsection (c)(1) of this section.

(1) An acknowledgment of paternity made and filed pursuant to subsection (a)(5) of this section or § 3105 or § 3121 of Title 16 may be rescinded by a parent only: (i) by written notice of a claim or defense of nonpaternity made in an action in which the signatory is a party and in which the paternity or nonpaternity of the child is an element of the claim for relief or a defense, but only if such action has been filed in the Family Court within 60 days of the date the acknowledgment of paternity was signed by the parents; or (ii) by written rescission filed with the Office of Vital Statistics and accompanied by the rescinding parent's affidavit showing mailing of a copy of the rescission to the other parent at his or her address as shown on the acknowledgment, within 60 days of the date the acknowledgment of paternity was signed by the parents.

(2) Commencing 60 days from the date on which an acknowledgment of paternity was signed by the parents, the acknowledgment of paternity shall thereafter be final, binding, conclusive and determinative of the child's paternity for all purposes; provided, however, and subject to the provisions of § 812(a) of this title, an acknowledgment of paternity may be set aside only by order of the Court upon a finding of fraud, duress, or material mistake of fact upon a petition brought by either parent in the Family Court. The burden of proof shall be upon the parent bringing such action challenging the acknowledgment of paternity. The legal rights and responsibilities, including child support obligations, of any signatory arising from the acknowledgment of paternity shall not be suspended during the pendency of the challenge, except upon order of the Family Court for good cause shown.

(3) If a party was under 18 years of age on the date that the party signed the acknowledgment of paternity, the acknowledgment of paternity shall be final, binding, conclusive and determinative of the child's paternity for all purposes, as described in subsection (c)(2) of this section, commencing 60 days from the date such person has reached 18 years of age, unless timely rescinded in the manner provided in subsection (c)(1) of this section within 60 days from the date such person has reached 18 years of age.

(4) Subject to subsections (c)(1), (2) and (3) of this section, the acknowledgment of paternity shall provide the basis for the entry of a child support order without any further proceedings to establish paternity.

(5) Notwithstanding the provisions of this chapter, neither the child nor any person who has not properly filed an acknowledgment of paternity pursuant to this section shall be subject to the final, binding, conclusive and determinative paternity designation created herein.

(6) Notwithstanding the provisions of this chapter and in the event the Family Court determines that a person other than one who acknowledged paternity pursuant to this section is the natural father of the child or children, the Family Court shall declare the prior acknowledgment of paternity void.

This information is provided for reference only