(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.
(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.
Structure Delaware Code
Chapter 8. UNIFORM PARENTAGE ACT
Subchapter VI. Proceeding to Adjudicate Parentage
§ 8-601. Proceeding authorized.
§ 8-602. Standing to maintain proceeding.
§ 8-603. Parties to proceeding.
§ 8-604. Personal jurisdiction.
§ 8-606. Statute of limitations.
§ 8-607. Limitation: Child having presumed father.
§ 8-608. Authority to deny motion for genetic testing.
§ 8-609. Limitation: Child having acknowledged or adjudicated father.
§ 8-610. Proceedings in which parentage may be determined.
§ 8-611. Proceeding before birth.
§ 8-612. Child as party; representation.
§ 8-621. Admissibility of results of genetic testing; expenses.
§ 8-622. Consequences of declining genetic testing.
§ 8-623. Admission of paternity authorized.
§ 8-631. Rules for adjudication of paternity.
§ 8-633. Inspection of records.
§ 8-635. Dismissal for want of prosecution.
§ 8-636. Order adjudicating parentage.
§ 8-637. Binding effect of determination of parentage.