COLAGE, a national organization that supports and empowers people with one or more LGBTQ+ parents or caregivers, wants to hear from children (of all ages!) of LGBTQ+ parents in Delaware, as they support Parentage Reform in Delaware. COLAGE writes:
“In 2024, researchers found that an estimated 5 million minor children are being raised by an LGBTQ+ parent,
1 a number that has likely increased since the study was conducted and that does not account for the millions of COLAGErs who are no longer minors. Yet, despite the significant number of children impacted, the legal frameworks that secure families remain uneven and inconsistent, placing children and families at risk.”
Parentage is governed primarily by state law, which means protections may very particularly for LGBTQ+ families that are formed through assisted reproduction or donated games. Senate Bill 250, currently in the Delaware State Legislature, seeks to address this.
This Act adopts the 2017 updates to the Uniform Parentage Act (“Uniform Act”) authored by the Uniform Law Commission. Delaware ‘s current law related to parentage is based on the Uniform Law Commission’s 2000 version of the Uniform Parentage Act. The 2017 updates to the Uniform Act have been adopted by 11 states and is pending before the Pennsylvania state legislature. Specifically, this bill:
- Removes gendered terms throughout this Act to ensure equal treatment of children born to same-sex couples.
- Includes a provision for the establishment of a de facto parent as a legal parent of a child. A de facto parent is one who functions as a parent to the child but is unconnected through biology or marriage. (This is not a change for Delaware, which has recognized de facto parents in Delaware’s definition of parent in Delaware’s parentage law since 2010).
- Updates the assisted reproduction provisions of Delaware’s parentage law, including the parental status of a deceased individual. Specifically, the Uniform Act would treat a deceased individual as a parent of a child conceived by assisted reproduction in some cases.
- Updates the surrogacy provisions of Delaware’s parentage law to reflect recent scientific, legal, and cultural developments in surrogacy practice
- Adopts requirements and procedures regarding access to non-identifying medical history and identifying information regarding gamete providers by children born through assisted reproduction and their parents.
- Makes technical corrections that conform existing law to current standards of legislative drafting, consistent with the Uniform Act and the standards of the Delaware Legislative Drafting Manual.
- Consolidates or transfers existing provisions of Delaware’s Parentage Act to ensure logical organization of the law consistent with the Uniform Act.
- Makes changes to conform existing law to the changes made by the Uniform Act. The majority of these changes ensure consistent usage of terms and definitions used by the Uniform Act.
If you are an individual with one (or more) LGBTQ+ parents, COLAGE (and Sussex Pride!) would like to connect with you. Email colage@sussexpride.org to get connected!