How to Establish Paternity in Delaware
Reviewed by DocDraft Legal Team · Delaware · Last updated 2026-09-12
In Delaware, establishing paternity means legally identifying a child's second parent so the child gains rights to support, custody and visitation, health coverage, inheritance, and benefits. Delaware follows the Uniform Parentage Act at 13 Del. C. Chapter 8. Unmarried parents who agree can sign a Voluntary Acknowledgment of Paternity, filed with the Office of Vital Statistics, which carries the same effect as a court order of parentage. Either signer may rescind it by filing within 60 days of signing, and after that window it can be challenged only for fraud, duress, or material mistake of fact. When parents disagree, the Delaware Family Court decides parentage, often after genetic testing that shows at least a 99 percent probability of parentage and a combined relationship index of at least 100 to 1 (13 Del. C. 8-505). The load-bearing timing rule is the marital presumption: a person married to the birth parent is presumed a parent (13 Del. C. 8-204), and a proceeding to adjudicate the parentage of a child who has a presumed father must be commenced no later than 2 years after the child's birth (13 Del. C. 8-607). Attorney review of your situation is available through DocDraft.
Find out where you stand in Delaware
Where are you in establishing paternity?
DocDraft provides document preparation, not legal advice.
How long do I have to establish paternity in Delaware?
Delaware follows the Uniform Parentage Act. When a child already has a presumed father, such as the birth parent's spouse, a proceeding to adjudicate parentage must be commenced no later than 2 years after the child's birth (13 Del. C. 8-607). A narrow exception allows a later action where the presumed father and birth parent never cohabited.
What is the marital presumption of paternity in Delaware?
Under 13 Del. C. 8-204, a person is presumed to be a parent if married to the birth parent and the child is born during the marriage or within 300 days after it ends by death, annulment, or divorce. That presumption is generally settled once the child turns 2, subject to narrow exceptions the Family Court may recognize.
What genetic test result establishes paternity in Delaware?
Under 13 Del. C. 8-505, genetic testing rebuttably identifies a person as a parent when the results show at least a 99 percent probability of parentage, using a prior probability of 0.50, together with a combined relationship index of at least 100 to 1. A person so identified can rebut only through further genetic testing.
Who handles paternity cases in Delaware?
The Delaware Division of Child Support Services helps unmarried parents establish parentage and can open a support case. A signed Voluntary Acknowledgment of Paternity is filed with the Office of Vital Statistics and carries the force of a court order. When parentage is disputed, the Family Court decides it and can order genetic testing.
Delaware paternity law at a glance
Delaware has adopted the Uniform Parentage Act (13 Del. C. Chapter 8), so its rules track the national model. Unmarried parents who agree establish parentage without court by signing a Voluntary Acknowledgment of Paternity and filing it with the Office of Vital Statistics, where it carries the force of a court order. Either signer may rescind within 60 days, after which the acknowledgment stands unless a court finds fraud, duress, or material mistake of fact. The distinctive timing rule sits in the marital presumption: a spouse of the birth parent is a presumed father (13 Del. C. 8-204), and a proceeding to adjudicate the parentage of a child who has a presumed father must be brought within 2 years of birth (13 Del. C. 8-607). Genetic testing identifies a parent at a 99 percent probability with a combined relationship index of at least 100 to 1 (13 Del. C. 8-505).
Establishing Delaware paternity when the birth parent was married
Suppose a child is born in Delaware while the birth parent is married, but another man believes he is the biological father. Because the spouse is a presumed father under 13 Del. C. 8-204, the man who wants to adjudicate his own parentage must generally act within 2 years of the child's birth (13 Del. C. 8-607). He asks the Family Court to order genetic testing, and a result showing at least a 99 percent probability of parentage with a combined relationship index of at least 100 to 1 rebuttably identifies him as the parent (13 Del. C. 8-505). Had the parents instead been unmarried and in agreement, they could have signed a Voluntary Acknowledgment of Paternity at the hospital, filed it with the Office of Vital Statistics, and either could have rescinded within 60 days of signing. Attorney review is available through DocDraft.
Relevant Laws
13 Del. C. 8-204 (presumption of parentage)
Provides that an individual is presumed to be a parent if married to the person who gave birth and the child is born during the marriage or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, among other grounds.
13 Del. C. 8-505 (genetic-testing threshold)
Provides that genetic testing rebuttably identifies a person as a parent when the results show at least a 99 percent probability of parentage, using a prior probability of 0.50, and a combined relationship index of at least 100 to 1.
13 Del. C. 8-607 (limitation where a child has a presumed father)
Requires that a proceeding to adjudicate the parentage of a child who has a presumed father be commenced no later than 2 years after the child's birth, with a narrow exception allowing a later action where the presumed father and birth parent never cohabited during the probable time of conception.
13 Del. C. Chapter 8 (Delaware Uniform Parentage Act)
Sets out who may bring a proceeding to adjudicate parentage, the effect of a Voluntary Acknowledgment of Paternity, and the 60-day right to rescind an acknowledgment before it becomes challengeable only for fraud, duress, or material mistake of fact.
Delaware Division of Child Support Services
The Division of Child Support Services helps unmarried parents establish parentage through the Voluntary Acknowledgment of Paternity, which is filed with the Office of Vital Statistics, and can open a case to establish and enforce support.
Regional Variances
Delaware paternity rules at a glance
Voluntary path and where it is filed
Unmarried parents establish parentage by signing a Voluntary Acknowledgment of Paternity filed with the Office of Vital Statistics, which carries the force of a court order under Delaware's Uniform Parentage Act (13 Del. C. Chapter 8).
Rescission window
Either signer may rescind the acknowledgment by filing within 60 days of signing, or before a court proceeding involving the child if earlier. After that it stands unless a court finds fraud, duress, or material mistake of fact.
Marital presumption and deadline
A spouse of the birth parent is a presumed father (13 Del. C. 8-204); a proceeding to adjudicate the parentage of a child who has a presumed father must be commenced within 2 years of birth (13 Del. C. 8-607).
Deadline where no presumed father exists
Where a child has no presumed, acknowledged, or adjudicated father, a parentage proceeding under 13 Del. C. Chapter 8 is not subject to the 2-year presumed-father limit, so the timing turns on whether a presumption applies.
Genetic-testing threshold
Genetic testing rebuttably identifies a parent at a 99 percent probability of parentage, using a prior probability of 0.50, with a combined relationship index of at least 100 to 1 (13 Del. C. 8-505).
Who administers it
The Delaware Division of Child Support Services administers acknowledgment and support, while disputed parentage is decided by the Delaware Family Court, which can order genetic testing.
Suggested Compliance Checklist
Confirm whether a presumed father exists
Before signing or filing anything days after startingDetermine whether the birth parent was married when the child was born or within 300 days before, which makes the spouse a presumed father (13 Del. C. 8-204). If so, a proceeding to adjudicate parentage generally must be commenced within 2 years of birth (13 Del. C. 8-607).
Get genetic testing if biological parentage is uncertain
Before signing an acknowledgment days after startingBecause a signed acknowledgment has the force of a judgment, obtain genetic testing first if there is any doubt. Under 13 Del. C. 8-505, results of at least a 99 percent probability and a combined relationship index of at least 100 to 1 rebuttably identify a parent.
Sign and file the Voluntary Acknowledgment of Paternity
At the hospital or a local office days after startingUnmarried parents who agree sign the acknowledgment and file it with the Office of Vital Statistics, where it carries the force of a court order of parentage. Keep a copy. Attorney review of your paternity matter is available through DocDraft.
Track the 60-day rescission window
Within 60 days of signing days after startingIf you need to cancel a signed acknowledgment, file a rescission with the Office of Vital Statistics within 60 days of signing, or before a court proceeding involving the child if that is earlier. After 60 days it can be undone only for fraud, duress, or material mistake of fact.
File a parentage action in Family Court if parents disagree
Within the applicable limitation period days after startingIf parents do not agree, ask the Division of Child Support Services to open a case or file a petition to adjudicate parentage in the Delaware Family Court (13 Del. C. Chapter 8). Where a presumed father exists, act within 2 years of birth (13 Del. C. 8-607).
Keep records of the acknowledgment, testing, and orders
Ongoing days after startingSave copies of the signed acknowledgment, any genetic-test results, and court papers, and calendar the 60-day rescission window and any 2-year presumed-father deadline (13 Del. C. 8-607) so you do not miss a right-forfeiting date.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm whether a presumed father exists | Determine whether the birth parent was married when the child was born or within 300 days before, which makes the spouse a presumed father (13 Del. C. 8-204). If so, a proceeding to adjudicate parentage generally must be commenced within 2 years of birth (13 Del. C. 8-607). | - | Before signing or filing anything |
| Get genetic testing if biological parentage is uncertain | Because a signed acknowledgment has the force of a judgment, obtain genetic testing first if there is any doubt. Under 13 Del. C. 8-505, results of at least a 99 percent probability and a combined relationship index of at least 100 to 1 rebuttably identify a parent. | - | Before signing an acknowledgment |
| Sign and file the Voluntary Acknowledgment of Paternity | Unmarried parents who agree sign the acknowledgment and file it with the Office of Vital Statistics, where it carries the force of a court order of parentage. Keep a copy. Attorney review of your paternity matter is available through DocDraft. | - | At the hospital or a local office |
| Track the 60-day rescission window | If you need to cancel a signed acknowledgment, file a rescission with the Office of Vital Statistics within 60 days of signing, or before a court proceeding involving the child if that is earlier. After 60 days it can be undone only for fraud, duress, or material mistake of fact. | - | Within 60 days of signing |
| File a parentage action in Family Court if parents disagree | If parents do not agree, ask the Division of Child Support Services to open a case or file a petition to adjudicate parentage in the Delaware Family Court (13 Del. C. Chapter 8). Where a presumed father exists, act within 2 years of birth (13 Del. C. 8-607). | - | Within the applicable limitation period |
| Keep records of the acknowledgment, testing, and orders | Save copies of the signed acknowledgment, any genetic-test results, and court papers, and calendar the 60-day rescission window and any 2-year presumed-father deadline (13 Del. C. 8-607) so you do not miss a right-forfeiting date. | - | Ongoing |
Frequently Asked Questions
Establishing paternity in Delaware means legally identifying a child's second parent so the child can receive support, custody and visitation, health coverage, inheritance, and benefits. Under the Uniform Parentage Act (13 Del. C. Chapter 8) it is done by signing a Voluntary Acknowledgment of Paternity or through a Family Court action that adjudicates parentage.
Unmarried parents who agree sign a Voluntary Acknowledgment of Paternity and file it with the Office of Vital Statistics, where it carries the force of a court order. If parents disagree, the Delaware Family Court adjudicates parentage under 13 Del. C. Chapter 8, usually after ordering genetic testing.
It is a form that unmarried parents sign to establish a legal parent-child relationship without going to court. Once filed with the Office of Vital Statistics it has the same effect as a court order of parentage. The Delaware Division of Child Support Services can help parents complete and file it.
When a child has a presumed father, a proceeding to adjudicate parentage must be commenced within 2 years of birth (13 Del. C. 8-607). Missing that window generally locks in the presumed parent, except in narrow cases where the court finds the presumed father and birth parent never cohabited during the probable time of conception.
A person married to the birth parent is presumed a parent under 13 Del. C. 8-204. That presumption is challenged through a Family Court adjudication or a valid denial of parentage, and it generally cannot be overcome once the child turns 2, subject to the narrow non-cohabitation exception in 13 Del. C. 8-607.
Yes, within a limited window. Either signer may rescind a Voluntary Acknowledgment of Paternity by filing with the Office of Vital Statistics within 60 days of signing, or before a court proceeding involving the child if that is earlier. After 60 days it can be set aside only for fraud, duress, or material mistake of fact.
Not by itself. Under 13 Del. C. 8-505, genetic testing showing at least a 99 percent probability of parentage and a combined relationship index of at least 100 to 1 rebuttably identifies a parent, but parentage is finalized by a signed acknowledgment or a Family Court judgment, not the lab report alone.
Signing a Voluntary Acknowledgment of Paternity is a serious legal act. Once filed with the Office of Vital Statistics it carries the force of a court order and creates all the rights and duties of a parent, including child support. After the 60-day rescission window it can be undone only for fraud, duress, or material mistake of fact.
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