(a) An acknowledgment of paternity must:
(1) Be in a record;
(2) Be signed, or otherwise authenticated, under penalty of perjury by the mother and by the man seeking to establish his paternity;
(3) State that the child whose paternity is being acknowledged:
(i) Does not have a presumed father, or has a presumed father whose full name is stated; and
(ii) Does not have another acknowledged or adjudicated father.
(4) State whether there has been genetic testing and, if so, that the acknowledging man’s claim of paternity is consistent with the results of the testing; and
(5) State that the signatories understand that the acknowledgement is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the acknowledgement is permitted only under limited circumstances and is barred after 2 years.
(b) An acknowledgment of paternity is void if it:
(1) States that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the Office of Vital Statistics;
(2) States that another man is an acknowledged or adjudicated father; or
(3) Falsely denies the existence of a presumed, acknowledged or adjudicated father of the child.
(c) A presumed father may sign or otherwise authenticate an acknowledgment of paternity.
74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1.
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