Learn About Third-Party Assisted Reproduction & Surrogacy Law in Delaware
Everything you need to know about surrogacy law in Delaware.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Klein Fertility Law provides guidance tailored to your unique circumstances, and you should always consult with qualified legal counsel.
Key Legal Requirements in Delaware
- Compensated gestational surrogacy is permitted and legally supported.
- Surrogacy agreements must be in writing and signed in the presence of a notary public and two witnesses before an embryo transfer.
- Independent legal representation is required for all parties during the contract phase.
- Pre-birth parentage orders are available for both genetic and non-genetic intended parents.
- Intended parents will be listed on the birth certificate, typically issued within 10 days of birth.
Delaware Surrogacy Law: What You Need to Know
Delaware has a comprehensive legal framework that supports surrogacy for all types of families, including same-sex couples, single individuals, and unmarried partners. With clearly defined requirements for contracts, legal counsel, and parentage orders, Delaware offers strong protections for intended parents and surrogates alike.
Delaware Surrogacy at a Glance | Compensated Surrogacy & Reimbursement for Costs or Medical Expenses | Allowed |
|---|---|
| Same-Sex Couples | Allowed |
| Single Parents | Allowed |
| Married Intended Parents | Allowed |
| Unmarried Intended Parents | Allowed |
| Pre-Birth Parentage Orders | Allowed for both genetic and non-genetic intended parents |
| Gestational Surrogacy | Allowed |
| Traditional Surrogacy | Allowed, but may be difficult to complete in Delaware, and would require an adoption |
| Surrogacy Agreement | Must be in writing and signed in the presence of a notary public and 2 witnesses prior to an embryo transfer procedure |
| Legal Representation | Independent legal representation is required for all parties during the contract phase |
| Health Insurance for Surrogates | Surrogates should have health insurance coverage for a surrogate pregnancy |
| Parental Rights for Non-Genetic Intended Parents | Fully recognized through court orders |
| Eligibility for International Intended Parents | Allowed, but requires additional steps depending on the laws of their home country |
| Court Involvement | Required for pre-birth orders |
| Birth Certificate | Each Intended Parent will be listed on their child’s original birth certificate, which will be available around 10 days post-birth |
| Post-Birth Timeframe to travel home | Domestic: Immediately International: 4-6 weeks post-birth |
Surrogacy laws can be complex and may vary depending on specific circumstances. It's crucial to consult with an attorney licensed in Delaware for personalized advice.