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Surrogacy Laws in Delaware

There are no laws on the books which specifically address surrogacy arrangements in Delaware, but there is a ruling by a single court that seems to suggest that surrogacy agreements are against the public policy in the state. The LGBT surrogacy arrangement issue hasn’t been looked at by the courts yet.

 

Explanation: There was a case in 1988 where a family court said that any kind of contractual agreement to terminate the rights of the parents is against the public policy in the state, and it cannot be enforced by the court. There wasn’t a surrogacy agreement mentioned specifically, but it was instead about a contract to terminate the rights of the parents with a “Property Division Agreement” proceeding a divorce. The Court said that the legislature in the state had not yet provided for parental rights termination with a parental rights agreement and likened the case to a well-publicized case in New Jersey. The Delaware court noted that the money’s receipt in relation to an adoption is banned by Delaware law. They also said that the parental rights termination with a contractual agreement is prohibited. Every surrogacy arrangement nixes the parental rights of someone who has a legal parentage claim, so the Hawkins precedent seems to say that all surrogacy arrangements are against Delaware public policy.

There is not an explicit proscription in the state against LGBT couples adopting a child together, and there is no explicit prohibition on LGBT couples a child of a same-sex relation. There was a state court that said a person had a right to adopt a child of their same-sex partner.

 

 

 
 
 
 
 
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