Important date: The revised Delaware Uniform Parentage Act is effective December 6, 2026. This page distinguishes current law from the future-effective provisions.
Agreements before December 6, 2026
Delaware Code §8-825 states that the existing gestational-carrier provisions continue to apply to gestational-carrier agreements executed after July 3, 2013 and before December 6, 2026. A Delaware attorney should confirm the requirements that apply to any agreement being signed during this transition period.
Revised law effective December 6, 2026
The revised Uniform Parentage Act includes a Gestational and Genetic Carrier Agreement Act. For gestational-carrier agreements executed on or after December 6, 2026, the new provisions address eligibility, independent Delaware counsel, medical and mental-health evaluations, insurance, agreement requirements, parentage and remedies.
Eligibility under the future-effective act
The published future-effective §8-810 requires a gestational carrier to be at least 21, have given birth to at least one child, complete medical and mental-health evaluations, and have independent Delaware legal counsel. It also includes health-insurance requirements extending through the expected pregnancy and a post-birth period.
Do not mix the two regimes
Because the effective date falls during 2026, a generic statement such as “Delaware law requires X” can be misleading unless the agreement date is known. The applicable statute should be identified before drafting or relying on a checklist.
Practical takeaway
For a Delaware journey in 2026, confirm the agreement execution date and have Delaware reproductive counsel identify which statutory version governs before medical treatment begins.