Delaware Surrogacy Laws

Delaware statute permits gestational surrogacy only if certain requirements are met (“Gestational Carrier Agreement Act,” Delaware Code 13 § 8-801 et. seq.).

The statute requires that a written agreement between the gestational carrier and the intended parents be executed prior to embryo transfer or insemination. The Delaware Gestational Carrier Agreement Act also lists the requirements an individual must meet in order to be eligible as a gestational carrier.  

There is no statute or case law prohibiting traditional surrogacy, so both types of surrogacy are practiced in cities like Wilmington, Dover, and Newark.

Laws Concerning Parentage Orders in Delaware

Delaware allows for its courts to grant pre-birth parentage orders to intended parents who meet certain statutory requirements (Delaware Code § 8-611.). However, a Delaware pre-birth order is not enforceable until after the child has been born.  

Egg and Sperm Donor Law in Delaware

Under statute, a Delaware egg donor or sperm donor, for the purposes of conception through assisted reproduction, is not the parent of a child conceived through assisted reproduction (Delaware Code § 8-702. Further defined in section § 8-102.).

Delaware Stepparent and Second-Parent Adoption Law

Delaware statute allows for a stepparent in Delaware to adopt their partner’s child. Any person over the age of eighteen may file a petition for adoption (Delaware Code § 901.). The stepparent does not need to be married to the child’s biological parent in order for a Delaware stepparent adoption to be granted.

Fertility Clinics in Delaware

Contact Baby Steps Surrogacy Center, Inc.

If you’re hitting a wall when you try to navigate Delaware surrogacy laws, help is available. All you have to do is reach out to Baby Steps Surrogacy Center, Inc. Just give us a call at 412-884-2229 or reach us through the contact buttons at the top of this page.