Paternity Law and Procedure Handbook - Delaware 2025

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With the passage of the Healthy Delaware Families Act (the Act), Delaware became the 11th state to guarantee paid parental, medical, and military leave for employees. The Delaware paid family leave (PFL) tax went into effect January 1, 2025.
In the paternity test, the probability of a parent-child relationship is calculated based on the degree of match between DNA markers. Usually, a match of 99.9% or more proves the parent-child relationship, while a match close to 0% denies the parent-child relationship.
Paternity is a prerequisite to these parental rights. Once paternity is established, a father may pursue child custody and visitation rights. Many states offer simultaneous filing for paternity recognition and visitation and custody rights.
When a VAP is properly signed, it conclusively establishes the mans paternity of the child, unless either parent rescinds the VAP within 60 days of filing with the Office of Vital Statistics (OVS). VAPs can only be signed after the child(ren) is born.
Evidence to Prove Paternity or Legitimacy Results from a genetic test if they show a 95% or higher probability of paternity. A signed and notarized Voluntary Acknowledgement witnessed by an adult not related to the minor child or employed/acting on behalf of Department of Social Services.
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The easiest way to establish paternity, for parents over the age of 18, is administratively (without going to court) via the Voluntary Acknowledgement of Paternity (VAP) program whereby both biological parents sign a legal document, agreeing the child is theirs.
If you are not listed on the childs birth certificate and end up leaving the relationship with the childs mother, you wont be eligible for legal custody rights or visitation, nor will you have any legal say in some decisions about the child. If youd like to establish parentage, first consult a family law attorney.
(1) The paternity of a child having a presumed, acknowledged or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child.

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