The US Surrogacy Law Map™
Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states.
Gestational Surrogacy is permitted by Delaware Code 13, § 8-801 through § 8-810. Under the statute, so long as the specified requirements are met, the Gestational Carrier is “not a parent of a child born as a result of a gestational carrier arrangement.”
Do courts grant pre-birth parentage orders?
Can both Intended Parents be declared the legal parents in a pre-birth order if at least one parent is genetically related to the child?
Can both Intended Parents be declared the legal parents in a pre-birth order if no parent is genetically related to the child?
What are the bases for venue?
Do results vary by venue?
Are motions for venue accepted?
Is a hearing required to obtain a pre-birth order?
Is a pre-birth order possible in Delaware based on a Gestational Carrier’s plan to deliver in Delaware, if no party lives in Delaware?
Will Delaware Vital Records honor a pre-birth order from another state?
What is the typical time frame to obtain a birth certificate after delivery?
How are same-sex parents named on the final birth certificate?
Can an international same-sex male couple obtain an initial birth certificate naming the biological father and Gestational Carrier?
Can they subsequently obtain a birth certificate naming only the biological father or both fathers, with no mention of the Gestational Carrier? Yes, both fathers can be named on the birth certificate
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in Delaware (i.e., neither of the Intended Parents lives in Delaware)?
If no, will Delaware Vital Records honor a second parent adoption order from another state and add the second parent to the birth certificate?
Will courts in Delaware grant second parent or stepparent adoptions to heterosexual couples living in Delaware?
Does the couple need to be married?
Will courts in Delaware grant second parent or stepparent adoptions to same-sex couples living in Delaware?
If yes, does the couple need to be married?
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?
The legality of Traditional Surrogacy in Delaware is unclear, as it is not recognized by Delaware’s statute, which is entitled the “Gestational Carrier Agreement Act”. It is unknown, therefore, whether Family Court would recognize Traditional Surrogacy.
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Surrogacy laws are different from state to state across the US. We have compiled the leading state-by-state surrogacy law map that features laws as actually practiced in all 50 states.