Delaware Code

12 Del. C. § 508 (2026)

Meaning of “child” and related terms for purposes of intestate succession

✓ current as of May 2026

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If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person:

(1) “Child” means an individual of any age whose parentage is established under Chapter 8 of Title 13.

(2) “Parent” means an individual who has established a parent-child relationship under Chapter 8 of Title 13.

(3) Notwithstanding the foregoing:

a. An adopted person is the child of an adopting parent and not of the natural parent except that adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and that natural parent.

b. In cases not covered by paragraph (3)a. of this section, a person born out of wedlock is a child of the mother. That person is also a child of the father, if legitimated pursuant to Chapter 13 of Title 13 or, notwithstanding any contrary provision of Chapter 13 of Title 13, if:

1. The natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void; or

2. The paternity is established by an adjudication before the death of the father or is established thereafter by preponderance of the evidence; except, that the paternity established under this paragraph is ineffective to qualify the father or his kindred to inherit from or through the child unless the father has openly treated the child as his, and has not refused to support the child.

59 Del. Laws, c. 384, § 1; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 172, § 1; 85 Del. Laws, c. 156, § 3;

Notes of Decisions

Cited in 6 cases (4 in the last 5 years), 1976–2026 · leading case: Wilmington Trust Co. v. Chichester, 369 A.2d 701 (Del. Ch. 1976).

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Wilmington Trust Co. v. Chichester, 369 A.2d 701 (Del. Ch. 1976). “At 12 Del.C. § 508 it is provided as follows: “If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person: “(1) An adopted person is the child of an adopting parent and not of the natural…”

Alberta Dewey v. Mildred Arce (Del. Ch. 2020). “Conclusion Based upon the reasons set forth above, I treat Defendant Alberta Arce’s revised motion to dismiss as a motion for summary judgment and find that Alberta has not met her burden of demonstrating that no material issues of fact are in dispute and that she is entitled to…”

IMO the Est. of John Wayne Evans (Del. Ch. 2024). “38 12 Del. C. § 508. 39 Id. 40 Matter of Perez, 1998 WL 229429 , at *2 (Del.”

Cynthia H. Hall v. Beverly A. Mundy (Del. Ch. 2025). “9, 1998) (citations omitted) (first citing 12 Del. C. § 508(2)(b); then citing Reynolds v.”

IMO the Est. of Joseph L. Weddington, Jr. (Del. Ch. 2025). “It means that certain evidence, when compared to the evidence opposed to 40 12 Del. C. § 508(3)(a)(2). C.A. No. 2021-0951-SEM October 10, 2025 Page 15 of 19 it, has the more convincing force and makes you believe that something is more likely true than not.”

IMO the Est. of Joseph L. Weddington, Jr., decesased (Del. Ch. 2026). “15 12 Del. C. § 508. C.A. No. 2021-0951-SEM January 15, 2026 Page 5 of 11 his, and has not refused to support the child.”

— 12 Del. C. § 508(2)(b) — 1 case

Cynthia H. Hall v. Beverly A. Mundy (Del. Ch. 2025). “9, 1998) (citations omitted) (first citing 12 Del. C. § 508(2)(b); then citing Reynolds v.”

— 12 Del. C. § 508(3)(a)(2) — 1 case

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