§ 8-204 Presumption of paternity in context of marriage.

13 DE Code § 8-204 (2019) (N/A)

Copy with citation

Copy as parenthetical citation

(a) A man is presumed to be the father of a child if:

(1) He and the mother of the child are married to each other and the child is born during the marriage;

(2) He and the mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce;

(3) Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days after its termination by death, annulment, declaration of invalidity or divorce;

(4) After the birth of the child, he and the mother of the child married each other in apparent compliance with law, whether or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child, and:

(i) The assertion is in a record filed with the Office of Vital Statistics;

(ii) He agreed to be and is named as the child’s father on the child’s birth certificate; or

(iii) He promised in a record to support the child as his own; or

(5) For the first 2 years of the child’s life, he resided in the same household with the child and openly held out the child as his own.

(b) A presumption of paternity established under this section may be rebutted only by an adjudication under subchapter VI of this chapter.

74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1.

Previous Section

§ 8-203 Consequences of establishment of parentage.

No more sections