Delaware Code § 13-8-631

Rules for adjudication of paternity
Open in Lexace · Ask the AI about this section
The court shall apply the following rules to adjudicate the paternity of a child:
(1) The paternity of a child having a presumed, acknowledged or adjudicated father may be disproved only by admissible results of
genetic testing excluding that man as the father of the child or identifying another man as the father of the child.
(2) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man identified as the father of a child
under § 8-505 of this title must be adjudicated the father of the child.
(3) If the court finds that genetic testing under § 8-505 of this title neither identifies nor excludes a man as the father of a child, the
court may not dismiss the proceeding. In that event, the results of genetic testing, and other evidence, are admissible to adjudicate the
issue of paternity.
(4) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man excluded as the father of a child by
genetic testing must be adjudicated not to be the father of the child.
(5) Paternity may not be established with regard to an alleged father without the assistance of genetic testing unless the mother of the
child swears or affirms on the record or by affidavit, under penalty of perjury, that she did not have sexual intercourse with any other
man at or about the time the child was conceived.

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.