Delaware Code § 13-8-703

Paternity of a child of assisted reproduction
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(a) A man who provides sperm for, or consents to, assisted reproduction by a woman as provided in § 8-704 of this title with intent to be
the parent of her child, is a parent of the resulting child;
(b) The child shall be considered the child of the intended parent or parents immediately upon the birth of the child;
(c) Parental rights shall vest in the intended parent or parents immediately upon the birth of the child;
(d) Custody of the child shall vest with the intended parent or parents immediately upon the birth of the child; and
(e) Neither the gestational carrier, if any, nor her spouse, shall be the parent of the child.

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