Illegitimate Children

Del. Code tit. 13, ch. 13

in effect

Del. Code tit. 13, § 1301 Legitimating child conceived out of wedlock [Effective until Dec. 6, 2026].

A child conceived out of wedlock shall be legitimate if the parents shall marry before the birth of the child or if they shall marry after adjudication or acknowledgment of parentage after the birth of the child, or upon acknowledgment of the paternity made in writing by the parents, if both are living or by the father if the mother is not living and filed in the Office of Vital Statistics according to § 8-302 of this title or § 3121 of Title 16.

Del. Code tit. 13, § 1302 Inheritance from illegitimate person dying intestate [Repealed].

Del. Code tit. 13, § 1303 Inheritance from mother of illegitimate person [Repealed].

Del. Code tit. 13, § 1304 Inheritance from father of illegitimate person [Repealed].

Del. Code tit. 13, § 1305 Father’s liability for maintenance; payment to State Department of Health and Social Services.

The father of an illegitimate child shall be bound to pay the State Department of Health and Social Services all charges it incurs, for maintenance, or otherwise, of such child while under 18 years of age, in accordance with Chapter 28 of Title 31. It may recover the same as any other debt, or by means of any bond of indemnity, given to secure it, under §§ 1326 [repealed] and 1327 [repealed] of this title.

Del. Code tit. 13, § 1321-1335 §§ 1321-1335. Proceedings in illegitimacy; jurisdiction and venue; commencement; recognizance for appearance of putative father after birth of child; time of hearing; competency of mother to testify; dying declaration; deposition; competency of putative father to testify; order on putative father; payments; release of putative father on probation bond; commitment to jail for failure to give bond; discharge; approval of bond; filing and notice; appeal; bond and supersedeas; appeal; procedure; appeal; jury trial; appeal; powers of Superior Court; affirmed or amended order; certification by Prothonotary; costs.

Repealed by 59 Del. Laws, c. 567, § 3.

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title13/c013/sc01/index.htmlFetched: 10/4/2026