Del. Code tit. 13 § 8-637

Current through 2024 Legislative Session Act Chapter 494
Section 8-637 - Binding effect of determination of parentage
(a) Except as otherwise provided in subsection (b) of this section, a determination of parentage is binding on:
(1) All signatories to an acknowledgment or denial of paternity as provided in subchapter III of this chapter;
(2) All parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of § 6-201 of this title;
(3) The child.
(b) In a proceeding to dissolve a marriage, the court is deemed to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of § 6-201 of this title and the final order:
(1) Expressly identifies a child as a "child of the marriage," "issue of the marriage," or similar words indicating that the husband is the father of the child; or
(2) Provides for support of the child by the husband unless paternity is specifically disclaimed in the order.
(c) Except as otherwise provided in subsection (b) of this section, a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding.
(d) A party to an adjudication of paternity may challenge the adjudication only under law of this State relating to appeal, vacation of judgments or other judicial review.

13 Del. C. § 8-637

74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1.;