13 Del. C. § 8-704 (2026)

(a) Except as otherwise provided in subsection (b) of this section, the consent described in § 8-703 of this title must be in a record signed by an individual giving birth to a child conceived by assisted reproduction and another individual who intends to be a parent of the child.

(b) Failure to consent in a record as required by subsection (a) of this section, before, on, or after birth of the child, does not preclude the court from finding consent to parentage if:

(1) The individual giving birth to the child or the other individual proves by clear-and-convincing evidence the existence of an express agreement entered into before transfer of gametes or embryos that the individual giving birth to the child and the other individual intended that both would be parents of the child; or

(2) For the first 2 years of the child’s life, including any period of temporary absence, the individual giving birth to the child and the other individual resided together in the same household with the child and both openly held out the child as the child of the other individual, unless the other individual dies or becomes incapacitated before the child attains 2 years of age or the child dies before the child attains 2 years of age, in which case the court may find consent under this subsection to parentage if a party proves by clear-and-convincing evidence that the individual giving birth to the child and the other individual intended to reside together in the same household with the child and both intended the other individual would openly hold out the child as the child of the other individual, but the other individual was prevented from carrying out that intent by death or incapacity.