(a) An order for genetic testing is enforceable by contempt.
(b) If an individual whose paternity is being determined declines to submit to genetic testing ordered by the court, the court for that reason may adjudicate parentage contrary to the position of that individual.
(c) Genetic testing of the mother of a child is not a condition precedent to testing the child and a man whose paternity is being determined. If the mother is unavailable or declines to submit to genetic testing, the court may order the testing of the child and every man whose paternity is being adjudicated.
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.