Genetic testing when specimen not available [Effective Dec. 6, 2026].
Del. Code tit. 13, § 8-509
in effect(a) Subject to subsection (b) of this section, if a genetic-testing specimen is not available from an alleged genetic parent of a child, for good cause and under circumstances the court considers to be just, the court may order any of the following individuals to submit specimens for genetic testing:
(1) A parent of the alleged genetic parent;
(2) A sibling of the alleged genetic parent;
(3) Another child of the alleged genetic parent and the individual who gave birth to the other child; and
(4) Another relative of the alleged genetic parent necessary to complete genetic testing.
(b) To issue an order under this section, the court must find that a need for genetic testing outweighs the legitimate interests of the individual sought to be tested.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title13/c008/sc05/index.htmlFetched: 10/4/2026
