Paternity Agreement

DELAWARE PARENTAGE ACKNOWLEDGMENT PREPARATION AND PARENTING PROPOSAL

CRITICAL — NOT THE STATE FORM OR A COURT ORDER: This private packet does not replace Delaware's official acknowledgment or denial form, does not itself establish parentage, and does not create a custody, visitation, or child-support order. Obtain and complete the official form through the hospital, the Division of Child Support Services (“DCSS”), or the Office of Vital Statistics.

EFFECTIVE-DATE GATE: Delaware enacted a revised Uniform Parentage Act in 85 Del. Laws ch. 276. It takes effect December 6, 2026. For a signature or filing through December 5, 2026, use the current Voluntary Acknowledgment of Paternity (“VAP”) track in Section 3. For a signature or filing on or after December 6, 2026, use the revised Acknowledgment of Parentage (“AOP”) track in Section 4. Do not mix terminology, forms, or eligibility rules from the two tracks.

TABLE OF CONTENTS

1. Document Header
2. Definitions and Date Selection
3. Current VAP Track — Through December 5, 2026
4. Revised AOP Track — On or After December 6, 2026
5. Separate Parenting and Support Proposals
6. Required Disclosures
7. Enforcement and Risk-Allocation Gates
8. Procedure
9. Effect and Packet Signatures

1. DOCUMENT HEADER

1.1 Title

DELAWARE PARENTAGE ACKNOWLEDGMENT PREPARATION AND PARENTING PROPOSAL (this “Packet”).

1.2 Parties

This Packet is prepared by:

(a) [FULL LEGAL NAME OF PARENT WHO GAVE BIRTH], residing at [ADDRESS] (“Birth Parent”); and

(b) [FULL LEGAL NAME OF PROPOSED OTHER PARENT], residing at [ADDRESS] (“Proposed Other Parent”).

The Birth Parent and Proposed Other Parent are each a “Party” and collectively the “Parties.”

1.3 Child

This Packet concerns [CHILD'S FULL LEGAL NAME], born on [DOB] in [COUNTY], Delaware (“Child”).

1.4 Preparation Date

This Packet was prepared on [PREPARATION DATE].

1.5 Purpose

The Parties wish to prepare the official Delaware acknowledgment process and separately record proposed parenting and support terms for attorney, agency, or court review. No proposal in this Packet is represented as an enforceable parenting or support order.

2. DEFINITIONS AND DATE SELECTION

“Current VAP” means the official Voluntary Acknowledgment of Paternity governed by the law in effect through December 5, 2026.

“Revised AOP” means the official Acknowledgment of Parentage governed by 85 Del. Laws ch. 276 on or after December 6, 2026.

“Denial” means the official denial filed by a presumed parent when required by the applicable version of Chapter 8.

“Parenting Proposal” means the nonbinding terms recorded in Section 5 for possible use in a separate reviewed court filing or agreement.

Planned official-form signature date: [DATE].

Applicable track selected after legal review:

• ☐ Section 3 — Current VAP, through December 5, 2026
• ☐ Section 4 — Revised AOP, on or after December 6, 2026

3. CURRENT VAP TRACK — THROUGH DECEMBER 5, 2026

3.1 Eligibility

Under the current 13 Del. C. § 8-301, the mother of a child and a man claiming to be the Child's genetic father may sign a VAP intending to establish his paternity. The current VAP is void if the mother or the man seeking to establish paternity is a minor when signing. The current DHSS/DCSS page likewise directs parents under eighteen to the DCSS and Family Court process instead of a VAP.

Both proposed signatories are at least eighteen on the planned signature date: [YES / NO — STOP].

3.2 Use the Official Current Form

Obtain the current VAP from the hospital, DCSS, or the Office of Vital Statistics. The current § 8-302 requires a record signed or otherwise authenticated under penalty of perjury by the mother and the man seeking to establish his paternity. Do not reproduce or replace the official VAP with this Packet.

3.3 Presumed-Father and Existing-Parent Gate

The current §§ 8-302 through 8-304 require accurate disclosure of any presumed, acknowledged, or adjudicated father. When a presumed father exists and a denial is required, the acknowledgment and denial are not valid until both are filed with the Office of Vital Statistics.

Possible presumed, acknowledged, or adjudicated father identified: [NO / YES — DETAILS: ________________________________].

Required official Denial obtained: [NOT APPLICABLE / YES / STOP FOR REVIEW].

3.4 Genetic-Testing Disclosure

The current § 8-302 requires the VAP to state whether genetic testing occurred and, if so, whether the claim of paternity is consistent with the results. Resolve uncertainty before signing. This private Packet creates no testing deadline, cost allocation, or waiver beyond the effect of the official VAP and current law.

3.5 Effective Date and Legal Effect

Subject to the denial rules, the current VAP takes effect on the later of the Child's birth or filing with the Office of Vital Statistics under § 8-304(c). Under § 8-305(a), a valid filed VAP is equivalent to an adjudication of paternity and confers on the acknowledged father all rights and duties of a parent, subject to the rescission and challenge provisions.

3.6 Rescission

Under the current § 8-307, a signatory may rescind by commencing a proceeding before the earlier of:

(a) sixty days after the VAP's effective date; or

(b) the first hearing in a proceeding, to which the signatory is a party, to adjudicate an issue relating to the Child, including support.

This Packet does not commence that proceeding.

3.7 Later Challenge

After the rescission period, the current § 8-308 permits a signatory to challenge only on fraud, duress, or material mistake of fact and only within two years after filing with the Office of Vital Statistics. The challenger bears the burden of proof. Under current § 8-309, legal responsibilities, including child support, are not suspended during the proceeding except for good cause.

4. REVISED AOP TRACK — ON OR AFTER DECEMBER 6, 2026

4.1 Enacted Eligibility Rule

On December 6, 2026, revised § 8-301 permits the individual who gave birth to sign an AOP with an alleged genetic parent, a parent under the assisted-reproduction subchapter, or a presumed parent. Revised § 8-302 continues to make an AOP void when either proposed signatory is a minor.

Basis for the Proposed Other Parent's eligibility: [ALLEGED GENETIC PARENT / ASSISTED-REPRODUCTION PARENT / PRESUMED PARENT / REVIEW REQUIRED].

4.2 Use the Post-Effective-Date Official Form

Obtain the current form after the effective date from the hospital, DCSS, or the Office of Vital Statistics. Revised § 8-312 requires DCSS to prescribe the acknowledgment and denial forms. Revised § 8-302 requires both signatures to be attested by a notarial officer.

4.3 Existing-Parent and Denial Gate

Revised § 8-302 requires the AOP to identify a presumed parent and bars use when another acknowledged, adjudicated, assisted-reproduction, or gestational-agreement parent exists as specified in that section. If a presumed parent's denial is required, revised § 8-304 provides that neither the AOP nor the denial is effective until both are filed.

Possible other parent identified: [NO / YES — DETAILS: ________________________________].

Required official Denial obtained: [NOT APPLICABLE / YES / STOP FOR REVIEW].

4.4 Effective Date and Legal Effect

Under revised § 8-304, the AOP takes effect on the later of the Child's birth or filing with the Office of Vital Statistics. Under revised § 8-305, a compliant filed AOP is equivalent to an adjudication of parentage and confers all rights and duties of a parent, subject to rescission and challenge.

4.5 Rescission and Later Challenge

Revised § 8-307 retains the earlier-of-sixty-days-or-first-hearing rescission period. Revised § 8-308 permits a signatory's later challenge only on fraud, duress, or material mistake of fact and no later than two years after the AOP's effective date. Revised § 8-309 places the burden of proof on the party seeking rescission or challenge and continues legal responsibilities during the proceeding unless good cause is shown.

5. SEPARATE PARENTING AND SUPPORT PROPOSALS

The terms below are proposals for a separate court filing or reviewed agreement. They do not arise automatically from the Current VAP or Revised AOP and are not enforceable merely because this Packet is signed.

5.1 Proposed Custody and Decision-Making

Proposed arrangement: [SOLE / JOINT / OTHER].

Reasons and supporting facts: [________________________________].

5.2 Proposed Visitation or Parenting Time

(a) Regular schedule: [________________________________].

(b) Holidays and vacations: [________________________________].

(c) Exchanges, transportation, and communication: [________________________________].

(d) Proposed court filing or reviewed agreement: [________________________________].

5.3 Proposed Child Support and Expenses

(a) Proposed payor: [BIRTH PARENT / OTHER PARENT / OTHER].

(b) Proposed amount: $[AMOUNT] per [WEEK / MONTH], subject to the current Delaware child-support calculation and any required order.

(c) Proposed medical, dental, childcare, and activity allocation: [________________________________].

(d) Existing support order or DCSS case: [NONE / DETAILS: ________________________________].

5.4 Proposed Health-Care Coverage

Proposed responsible parent, coverage source, and uninsured-expense allocation: [________________________________].

6. REQUIRED DISCLOSURES

Each Party shall identify for attorney, agency, or court review:

(a) every presumed, acknowledged, or adjudicated parent known to the Party;

(b) the Birth Parent's marriage history during the legally relevant period;

(c) every existing parentage, support, custody, visitation, protection-order, adoption, or dependency case concerning the Child; and

(d) every order, assisted-reproduction record, gestational agreement, or other document that may affect parentage or the proposals in this Packet.

Supporting records or case information: [________________________________].

7. ENFORCEMENT AND RISK-ALLOCATION GATES

7.1 Enforcement Gate

This preparation Packet creates no private default, cure period, fee entitlement, contempt remedy, wage assignment, make-up-visitation remedy, or right to alter custody. Enforcement depends on the official acknowledgment or denial and any separate court or agency order.

7.2 Risk-Allocation Gate

No indemnity, liability cap, damages waiver, force-majeure defense, life-insurance mandate, or tax allocation is created by this Packet. Any emergency, missed exchange, support issue, or safety concern must be handled under the controlling order and the procedure selected with counsel.

8. PROCEDURE

8.1 Official Acknowledgment

Applicable track: [CURRENT VAP / REVISED AOP].

Completion location and appointment: [HOSPITAL / DCSS / OFFICE OF VITAL STATISTICS / OTHER AUTHORIZED LOCATION].

Current form and procedural requirements confirmed on: [DATE].

8.2 Separate Custody, Visitation, or Support Matter

Family Court or DCSS case number, if any: [________________________________].

Selected petition, consent order, parenting plan, or agency process: [________________________________].

8.3 Excluded Clauses

No arbitration clause, jury waiver, exclusive-forum clause, electronic-signature substitute, or private injunctive-remedy clause is included. The official acknowledgment and any denial must be executed exactly as the applicable form and law direct.

9. EFFECT AND PACKET SIGNATURES

9.1 Limited Effect

Signing this Packet does not sign, authenticate, notarize, file, amend, rescind, or challenge an official acknowledgment, denial, or parentage determination. It does not enter or modify a support, custody, or visitation order.

9.2 Packet Signatures

The signatures below acknowledge only that the Parties reviewed this preparation Packet and recorded the proposals above.

OFFICIAL-FORM CHECKLIST

• ☐ Selected the correct legal track based on the official-form signature and filing dates
• ☐ Confirmed that both proposed signatories are at least eighteen
• ☐ Obtained the current official form from the hospital, DCSS, or Office of Vital Statistics
• ☐ Disclosed every possible presumed, acknowledged, adjudicated, or other legally recognized parent
• ☐ Obtained the official Denial when required
• ☐ Resolved any genetic-parentage uncertainty before signing
• ☐ Followed the applicable oath, authentication, witness, or notarization instructions
• ☐ Kept custody, visitation, and support proposals separate from the official acknowledgment

SOURCES AND REFERENCES

• Delaware Code Online, Title 13, Chapter 8, Subchapter III, revised text effective December 6, 2026: https://delcode.delaware.gov/title13/c008/sc03/index.html
• Delaware General Assembly, 85 Del. Laws ch. 276 (SB 250), including the marked current text, enacted revisions, and Section 126 effective-date clause: https://legis.delaware.gov/SessionLaws?volume=85&chapter=276
• Delaware Health and Social Services, Division of Child Support Services, “Establish Paternity or Parentage”: https://dhss.delaware.gov/dcss/division-of-child-support-services/paternity-parentage-establishment/