Delaware Code

13 Del. C. § 8-103 (2026)

Scope of chapter; choice of law [Effective Dec. 6, 2026]

✓ current as of May 2026
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(a) This chapter applies to an adjudication or determination of parentage in this State.

(b) The court shall apply the law of this State to adjudicate the parent-child relationship. The applicable law does not depend on:

(1) The place of birth of the child; or

(2) The past or present residence of the child.

(c) This chapter does not create, affect, enlarge, or diminish parental rights or duties under law of this State other than this chapter.

(d) This chapter authorizes a surrogacy agreement as provided in subchapter VIII of this chapter. If a birth results under a surrogacy agreement and the agreement is unenforceable under the law of this State, the parent-child relationship is determined as provided in subchapter VIII of this chapter.

74 Del. Laws, c. 136, §  170 Del. Laws, c. 186, §  179 Del. Laws, c. 88, §  285 Del. Laws, c. 276, § 3