Delaware Code Title 13 Sec. 8-302 – Execution of acknowledgment of paternity
(a) An acknowledgment of paternity must:
(1) Be in a record;
(2) Be signed, or otherwise authenticated, under penalty of perjury by the mother and by the man seeking to establish his paternity;
(3) State that the child whose paternity is being acknowledged:
(i) Does not have a presumed father, or has a presumed father whose full name is stated; and
(ii) Does not have another acknowledged or adjudicated father.
(4) State whether there has been genetic testing and, if so, that the acknowledging man’s claim of paternity is consistent with the results of the testing; and
(5) State that the signatories understand that the acknowledgement is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the acknowledgement is permitted only under limited circumstances and is barred after 2 years.
Terms Used In Delaware Code Title 13 Sec. 8-302
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) An acknowledgment of paternity is void if it:
(1) States that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the Office of Vital Statistics;
(2) States that another man is an acknowledged or adjudicated father;
(3) Falsely denies the existence of a presumed, acknowledged or adjudicated father of the child; or
(4) Is signed by a mother or a man seeking to establish his paternity who is a minor at the time of signing the acknowledgment of paternity.
(c) A presumed father may sign or otherwise authenticate an acknowledgment of paternity.
74 Del. Laws, c. 136, § ?1; 70 Del. Laws, c. 186, § ?1; 83 Del. Laws, c. 516, § 1;