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Delaware Senate adopts revised Uniform Parentage Act, adds genetic surrogacy provisions
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Summary
Senate Bill 250, which modernizes Delaware parentage law by adopting the 2017 Uniform Parentage Act and adds provisions for genetic surrogacy and pre-birth orders, passed the Senate after extended member questions about safeguards, a 72-hour revocation window and compensation safeguards.
The Delaware Senate on April 15 passed Senate Bill 250, updating state parentage law to align with the Uniform Parentage Act (2017) and adding provisions addressing assisted reproduction and genetic surrogacy.
Sponsor Senator Sarah (Senator) Pinkney said the 80-page bill "ensures Delaware laws align with modern medicine and modern families so that every child starts life with clarity, stability and protection," noting the bill recognizes intended parentage in cases involving assisted reproductive technologies. The reading clerk identified the bill as an act to amend Titles 10, 13 and 16 of the Delaware Code relating to the Uniform Parentage Act.
Members engaged in extended questioning of the bill’s technical provisions and safeguards. Mark Catrona of the Division of Legislative Services, called as an expert witness, explained that the bill allows contractual determination of parentage prior to birth and creates procedures for pre-birth orders. He said the measure includes a limited post-birth window for a genetic surrogate to revoke consent, which he identified as 72 hours after the child’s birth: "So that is line 1,776, and it's 72 hours after the birth of the child," he said. Catrona also said the bill carries protections such as required legal counsel for the surrogate and escrowed funds to cover medical costs.
Several senators pressed on ethical concerns about commodification and exploitation. Senator Petitjean asked what safeguards prevent conflicting claims or economic coercion; Catrona replied that court involvement, required counsel, medical requirements and escrow provisions are designed to prevent abuses. Senator Buxton asked bluntly whether the law enables a pregnant person to "sell their child," and Catrona replied, "No," and that protections exist to prevent that.
On roll call the Senate recorded 13 yes, 6 not voting and 2 absent; the presiding officer declared SB 250 passed the Senate.
Next steps: the bill was passed by the Senate and will be returned to the House or sent for enrollment according to chamber rules.
