Surrogacy is regulated and protected in Delaware by the Gestational Carrier Agreement Act (2013). The Gestational Carrier Agreement outlines requirements for surrogacy arrangements to establish consistent standards and procedural safeguards for the protection of all parties to a gestational carrier agreement in this state and to confirm the legal status of children born as a result of these agreements.
Can a parentage order be obtained for the following?
Because traditional surrogacy involves the use of the surrogate’s own genetic material, it should be regarded as an adoption process rather than surrogacy; in order to establish parentage, the non-genetic parent must complete a stepparent adoption. Although traditional surrogacy is not prohibited in Delaware, many attorneys and agencies advise against it due to the increased legal risks involved because a surrogate legally can’t be forced to give up her parental rights.
Who can be declared as the parent(s) of a child from a surrogate via a court parentage order?
– Both Intended Parent(s) can be named on the parentage order
– Only a genetic Intended Parent can be named on the parentage order. A non-genetic Intended Parent will need to establish parentage via a second or stepparent adoption following birth.
Intended Parent(s) may be listed as Father-Mother, Parent-Parent, or Mother or Father.
Legal and medical steps involved in the surrogacy process may differ from case to case. Please speak with your agency and attorneys about how the process might look for you.
As long as Delaware statutory requirements are met, Delaware recognizes and enforces gestational surrogacy contracts. However, it doesn’t address traditional surrogacy contracts.
Independent counsel is required for all parties involved in a surrogacy agreement.
Agencies and fertility clinics may have additional requirements based on the American Society for Reproductive Medicine, the American Medical Association, and the American Academy of Adoption and Assisted Reproduction Attorneys.
Delaware allows for pre-birth orders, but they cannot be enforced until after the child is born. Post-birth orders allow for the finalization of parental rights and the birth certificate.
International Intended Parent(s) may find doing surrogacy in Delaware a relatively easy process compared to some other states because of its straightforward and inclusive process. International Intended Parent(s) will have additional legal steps to complete before their return home regarding their country’s immigration and citizen laws that impact the child. It’s imperative the international Intended Parent(s) speak with an experienced attorney in their home country about their situation. The law of more than one country will need to be considered if the Intended Parent(s) are citizens or residents of more than one country.
As long as a nonresident meets the requirements for jurisdiction, there are no residency requirements.
The content contained in this website is provided for informational purposes only. Content contained herein may or may not reflect the most current legal information on the subject; accordingly, this website is not promised to be correct or complete at any given time. Outcomes referenced should not be interpreted as an indication of future outcomes. Love & Kindness Surrogacy explicitly disclaims all liability for actions taken or not taken based on the contents of this website.
This website does not constitute a replacement for legal advice or counsel. Always consult an attorney before beginning the surrogacy process.
Last updated October 2019