Full question:
I live in Delaware, in 2006, I acknowledged paternity for 2 children. Recently, I found out that I am not biological father of the 2 children. In 2010, the other man (real father of the 2 children) filed with the court to claim both children to stand as father of the 2 children, but denied by 13 Del. C. _ 8-609. Limitation: Child having acknowledged or adjudicated father (b). Can we get it done by filing Termination of Parental Rights and adoption? is my ex-wife and the other man's marriage necessary for TPR/adoption, or easier. If it succeeds, then will the other man's name be on the new birth certificates?
- Category: Paternity
- Subcategory: Court Action
- Date:
- State: Delaware
Answer:
In Delaware, the process for addressing paternity issues is governed by Title 13, Chapter 8 of the Delaware Code. You can file a civil proceeding to adjudicate the parentage of the children. Key points from the relevant statutes include: - Under § 8-606, you can challenge paternity until the child reaches the age of majority, except in certain circumstances. - If a child has an acknowledged father, challenges to that acknowledgment must be made within a specific timeframe (see § 8-609). - A presumed or acknowledged father can only be disproved through genetic testing, as outlined in § 8-631. To terminate your parental rights (TPR) and allow for adoption, you may need to file a petition for TPR. Your ex-wife's marriage to the biological father could simplify the adoption process, but it is not strictly necessary. If the TPR is granted, the biological father's name can be added to the new birth certificates. For more specific guidance, consider consulting a family law attorney familiar with Delaware law. Users can search for state-specific legal templates at .This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.