Delaware Replaced a 26-Year-Old Parentage Law With One That Covers IVF & Same-Sex Parents
Delaware Governor Matt Meyer signed SB 250 into law in June 2026, updating the state’s parentage framework for the first time in more than two decades. The previous law was based on the 2000 version of the Uniform Parentage Act, a model law drafted by the Uniform Law Commission (ULC). SB 250 aligns Delaware with the ULC’s 2017 version, which accounts for assisted reproduction, IVF, surrogacy, and family structures that the earlier law did not address.
Parentage is the legal relationship between a parent and child, and it governs custody, insurance coverage, inheritance, and government benefits. Without it, a parent who helped conceive a child through IVF but is not the biological carrier may have no enforceable legal claim if the couple separates or one parent dies.
“Sometimes people don’t realize that they may be parenting, but they may not have parentage.”
Meg York, Chief Legal and Policy Officer, COLAGE
What SB 250 Changes for Families Using Assisted Reproduction
Before SB 250, establishing parentage in Delaware often required a court proceeding. The new law creates a voluntary acknowledgment form that allows parents to establish legal rights over their child immediately at birth, without a judge. That change is significant for same-sex couples and unmarried partners who used donor eggs, donor sperm, or a surrogate carrier.
The law also introduces gender-neutral language throughout Delaware’s parentage statutes, replacing references to “mother” and “father” with terms that include transgender and nonbinary parents. That matters because trans parents using assisted reproduction have faced situations where gendered statutory language did not recognize their parental role.
“Delaware has set an example for states across the country.”
Jordan Wilson, Executive Director, COLAGE, June 2026
Why This Law Matters Beyond Delaware
Delaware acted as federal protections for LGBTQ+ families remain contested. The Trump administration has described embryos as “children who already exist,” a framing legal advocates say could be used to restrict IVF access nationally. At least 12 states have considered or passed legislation that could complicate IVF or surrogacy for same-sex couples since 2024.
The ULC’s 2017 Uniform Parentage Act has been available for state adoption for nearly a decade. Delaware is among a minority of states that have updated to the newer version. States still operating under pre-2002 parentage frameworks offer substantially weaker protections to families built through assisted reproduction.
What You Can Do Now
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Contact your state legislators. If your state still operates under a pre-2017 parentage law, call or email your state house and senate members and ask them to introduce legislation aligned with the ULC’s 2017 Uniform Parentage Act. Find your state legislators at openstates.org.
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Ask your state AG to protect parentage rights. The National Association of Attorneys General lists every state AG at naag.org/find-my-ag. Tell your AG to issue guidance clarifying that same-sex and trans parents using IVF or surrogacy retain full parentage rights under current state law.
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Verify your own parentage documents. If you are an LGBTQ+ parent who used assisted reproduction, COLAGE recommends confirming that a parentage order or voluntary acknowledgment is on file before your child turns 18. Contact COLAGE at colage.org for referrals to family law attorneys in your state.
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Call your U.S. senators at (202) 224-3121 and urge them to oppose any federal rule or legislation that would define embryos as legal persons, which could restrict IVF access. The Senate Judiciary Committee has jurisdiction over any such federal parentage legislation.
Sources
LGBTQ Nation: Delaware Governor Signs SB 250 Parentage Bill for LGBTQ+ Families
Uniform Law Commission: 2017 Uniform Parentage Act Text and State Adoptions
COLAGE: Resources for Families with LGBTQ+ Parents
The Advocate: Parentage Laws and LGBTQ+ Family Protections Explained
KFF: State-Level IVF and Assisted Reproduction Policy Tracker