Surrogacy in Delaware: The Complete 2026 Guide

Delaware is small, and its surrogacy statute is not. The state wrote a dedicated Gestational Carrier Agreement Act in 2013, and that Act states its own purpose in the reader's favor: the standards exist "to facilitate the use of this type of reproductive agreement in accordance with the public policy of this State" (§ 8-802(a), today).

Four things follow, and they are what make a Delaware journey predictable:

• A pre-birth order is available. For a child conceived through assisted reproduction, an order establishing parentage "may be entered before the birth," with enforcement stayed until the birth (§ 8-611 today, § 8-617 from 6 December 2026). Both halves are the rule.
• The carrier's protections are in the statute, not left to the contract. She must have independent legal counsel, paid for by the intended parents if requested; health insurance whose term "extends throughout the duration of the expected pregnancy and for 8 weeks after the birth of the child"; and her compensation in escrow with an independent escrow agent before she begins any medical procedure other than screening.
• No residency or citizenship condition on anyone, in either regime — worth saying, because several states impose one.
• One court, named in the statute: the Family Court of the State of Delaware (§ 8-102, both regimes). County venue is a question for your attorney.

⚠️ And one date. On 6 December 2026 a new act renumbers the whole subchapter and reuses the old numbers for different provisions. The rules for a gestational journey barely change; the citations all do. Anything you read about Delaware surrogacy — this page included — needs to be read with that date in mind.

Delaware has had a dedicated gestational carrier statute since 2013, and that statute says in its own text what it is for. It is also, right now, a statute with a date on it.

One chapter, two numbering schemes, and 6 December 2026

Gestational surrogacy lives in 13 Del. C. ch. 8, subchapter VIII — the Gestational Carrier Agreement Act, §§ 8-801 to 8-813. That is the law today.

On 6 December 2026, Senate Bill 250 — 85 Del. Laws c. 276, adopting the 2017 Uniform Parentage Act — replaces subchapter VIII with a longer one, §§ 8-801 to 8-825. The Governor signed it on 9 June 2026, and it takes effect 180 days later.

⚠️ The rules barely move. The section numbers all do. The new act reuses the same numbers for different provisions. Today § 8-807 is the agreement-requirements section; from 6 December 2026 that content is § 8-811, and § 8-807 becomes an agreement-specific inspection rule. ⚠️ That is an addition, not a first: current § 8-105 already holds chapter 8 hearings "in closed court" and makes the papers and records inspectable by non-parties "only upon consent of the court, for good cause." The pre-birth proceeding is § 8-611 today and § 8-617 afterwards.

So a Delaware citation without a date is not usable — every section number below carries one. ⚠️ And check what a link shows you: Delaware Code Online already displays the text effective 6 December 2026, with that marker on each section, so the current-law provisions below link to an archived 2025 edition instead.

⚠️ And the date is not a simple switch-over. § 8-825 keys the new Part 2 — the carrier-agreement rules themselves — to when the agreement was executed, so an agreement signed before 6 December 2026 is not simply moved onto the new Part 2 that day. The act does not say the same about its new Part 1 general provisions, and how far those reach an agreement signed earlier is unresolved on the text. Do not assume either that everything changes on the date or that an agreement signed today is untouched by the new act — where your agreement falls is a question for Delaware counsel.

The statute says its purpose is to facilitate these agreements

§ 8-802(a) (today) states the subchapter's purpose: to establish "consistent standards and procedural safeguards for the protection of all parties" and to "confirm the legal status of children" born from these agreements — standards "meant to facilitate the use of this type of reproductive agreement in accordance with the public policy of this State." Many states permit surrogacy; Delaware's statute says facilitating it is the public policy. § 8-802(b) adds the scope limit: it "does not apply to the birth of a child conceived by means of sexual intercourse." Both move to § 8-803 from 6 December 2026.

Who may be a gestational carrier

⚠️ § 8-806 today, § 8-810 from 6 December 2026 — and the two deadlines are different. § 8-806(a) opens "Prior to executing an agreement to act as a gestational carrier": by then she must be at least 21, have given birth to at least one child, and have completed a medical evaluation and a mental health evaluation. ⭐ Only the insurance requirement is transfer-timed — § 8-806(a)(6) says she "has or obtains prior to the embryo transfer" a policy covering major medical treatment and hospitalization running through the pregnancy and 8 weeks after the birth, which the intended parents may procure on her behalf. She must have independent legal counsel, and that legal expense "shall be paid for by the intended parent(s) if requested."

She must also have, or obtain before the transfer, "a health insurance policy that covers major medical treatments and hospitalization" whose term "extends throughout the duration of the expected pregnancy and for 8 weeks after the birth of the child." The intended parents may procure that policy on her behalf under the agreement.

⭐ The eight-week postpartum insurance term is current law, not a 2026 addition.

Neither version imposes a residency or citizenship condition on anyone — worth stating plainly, because several states do.

What the agreement must contain

§ 8-807 today, § 8-811 from 6 December 2026. It must be in writing, executed before the embryo transfer, and:

• Both sides must have independent legal counsel (§ 8-807(b)(3) today; consolidated into § 8-811(b)(2) from December).
• If the agreement provides for the payment of compensation, that compensation must be placed in escrow with an independent escrow agent under an escrow agreement, before the carrier begins any medical procedure other than the eligibility evaluations (§ 8-807(b)(5) today).
• It must be witnessed by two disinterested, competent adults (§ 8-807(b)(6) today).
• The carrier is entitled to a health care provider "of her choosing, after consultation with the intended parents" (§ 8-807(c)(3) today).

⚠️ Read the escrow rule precisely. § 8-102 defines "compensation" as "payment of any valuable consideration for services in addition to payment for reasonable medical and ancillary costs." The statutory escrow requirement therefore covers her fee — on that definition it does not reach reimbursement of her medical and ancillary costs. How those are secured is a contract question to raise with your attorney rather than assume.

§ 8-807(d) (today) is a safe harbor, and it cuts both ways. The agreement "shall be enforceable even though" it includes the carrier's agreement to undergo the exams, treatments and fetal monitoring her physician recommends and to abstain from activities reasonably believed harmful — and even though it includes the intended parents' agreement to pay reasonable compensation and to pay or reimburse reasonable expenses.

Parentage, and the carrier's spouse

§ 8-804 today, § 8-808 from 6 December 2026, in one sentence: "A gestational carrier is not a parent of a child born as a result of a gestational carrier arrangement."

⚠️ Neither version of that sentence mentions her spouse, and several neighboring statutes do exclude the carrier's spouse from parentage in terms. Delaware settles only one slice of it by statute: from 6 December 2026, new § 8-805(a)(1) provides that — 'unless the agreement expressly provides otherwise' — a spouse acquired after signing is not a presumed parent. ⭐ A spouse already married to her at signing is resolved, and by a provision this page previously overlooked. Current § 8-703(e): "Neither the gestational carrier, if any, nor her spouse, shall be the parent of the child." The same section vests the child, parental rights and custody in the intended parents "immediately upon the birth" (subsections (b)–(d)). ⚠️ A non-spouse partner is still resolved by neither regime, and § 8-807(b)(2) separately requires the agreement to be executed by the carrier and, if married, her spouse — and by each intended parent, with both spouses signing if an intended parent is married or in a civil union. What it does instead is contractual — the agreement has her spouse join it and surrender custody (§ 8-807(c)(2) today), and the pre-birth petition carries his affidavit of nonparentage. How that interacts with the rest of chapter 8 is a question for Delaware counsel, worth asking early if the carrier is married.

§ 8-805(c) (today), § 8-809(c) (from December) handles laboratory error: if the child turns out not to be genetically related to either intended parent when the intent was that it would be, "the intended parents will be the parents of the child unless otherwise determined by a court of competent jurisdiction in an action which can only be brought by 1 or more of the genetic parents within 60 days of the date of the child's birth." The protection and the 60-day window are one provision — never quote the first half alone.

The parentage order

§ 8-611 today, § 8-617 from 6 December 2026, and it sits in subchapter VI, not subchapter VIII.

A parentage proceeding "may be commenced before the birth of the child, but may not be concluded until after the birth." For a child conceived through assisted reproduction, though, "an order or judgment may be entered before the birth … as long as enforcement of the order or judgment shall be stayed until the birth of the child." Both halves matter: Delaware gives you a pre-birth order, and that order does not operate until the baby arrives.

The petition names the intended parents, the carrier and her spouse if any, and appends affidavits acknowledging parentage, acknowledging nonparentage by the carrier and her spouse, and attesting to an agreement signed in accordance with § 8-807 (today) or § 8-811 (from December).

⚠️ One filing requirement disappears in December. Current § 8-611(b)(1) also requires an affidavit attesting "that the pregnancy resulted through means other than sexual intercourse verified by the participating health care provider." The new § 8-617 drops it.

Petitions are commenced in the Family Court of the State of Delaware — § 8-102 defines "commence" that way under both regimes. Which county is a venue question (§ 8-605) for your attorney. Delaware sets no statutory filing deadline, so timing is a practice question rather than a statutory one.

Out-of-state parties, and remedies

⚠️ The count changes. § 8-803 today lists nine bases, lettered (a)–(i); § 8-804 from 6 December 2026 lists ten, numbered (1)–(10) — the extra one covers a nonresident intended parent who consented to a genetic carrier undergoing assisted reproduction in Delaware. Either way these are the bases on which a Delaware court may exercise personal jurisdiction over a nonresident — among them a transfer performed in Delaware, or a birth expected there under a provision of the agreement. ⚠️ This is personal jurisdiction in an enforcement action, not a promise that a Delaware court will make a parentage order for any arrangement with a loose Delaware connection.

§ 8-810 today, § 8-813 from 6 December 2026: ordinary contract remedies apply, with one express carve-out — specific performance is barred for a term requiring the carrier to be impregnated. ⚠️ That bar reaches impregnation only; some states bar specific performance of the whole agreement. No Delaware decision has construed it, so ask your attorney how she reads it. § 8-812 today, § 8-824 from December runs the opposite way from what "irrevocable" suggests — it closes challenges rather than opening a window: no action to invalidate a complying agreement, or to challenge the parentage it establishes, may be commenced after 12 months from the date of birth. ⚠️ The current version makes that bar "subject to § 8-606(e)," which preserves an action where the earlier determination rested on fraud, duress or material mistake of fact and reopening is in the child’s best interest by clear and convincing evidence. The 2026 act drops that cross-reference, and the December act repeals old § 8-606(e) and omits the cross-reference from § 8-824, so the statutory exception is not carried forward; whether any other source of relief could apply is a question for Delaware counsel. § 8-808 today immunizes "non-negligent actions taken pursuant to the requirements of this subchapter."

What actually changes on 6 December 2026

1. Counsel must be licensed in Delaware. New §§ 8-810 and 8-811(b)(2) add "licensed to practice law in this State," for both sides. Today the statute requires independent counsel without saying where admitted.
2. Three new provisions arrive: § 8-805 on marital-status changes after signing, § 8-807 on confidentiality of filings, and § 8-806 on the death of an intended parent — where one dies before the transfer, that person is not a parent of the resulting child unless the agreement expressly provides otherwise and either the transfer occurs within 36 months after the death or the birth occurs within 45 months after the death. ⚠️ Those two periods are alternatives, not cumulative conditions. Today the statute has no counterpart, which is why estate planning belongs in the contract either way.
3. A separate regime for genetic carriers — where the carrier uses her own egg — arrives as Part 3. Ivy's programs are gestational.
4. Donor-conceived children gain a right to the donor's identity. A new subchapter IX requires a gamete bank or fertility clinic licensed in Delaware to collect a donor's identifying information and to provide it to a donor-conceived child on request once the child turns 18. It reaches only gametes collected on or after 6 December 2026.

No Delaware court has interpreted the Act

A CourtListener search of Delaware Supreme Court, Court of Chancery, Family Court and Superior Court opinions on 14 August 2026 returned no decision matching "gestational carrier." The two surrogacy-adjacent decisions it did surface — Bancroft v. Jameson, 19 A.3d 730 (Del. Fam. Ct. 2010) and Smith v. Gordon, 968 A.2d 1 (Del. 2009) — both predate the 2013 Act and cannot be cited as authority on it. Delaware Family Court parentage matters are largely unreported, so a quiet record is what you would expect.

General information, not legal advice. Delaware's numbering changes on 6 December 2026, and your agreement should be handled by a licensed Delaware attorney experienced in assisted reproduction.

⭐ How the order reaches the birth record

§ 8-636 closes the loop the page had left implicit:

"(b) An order adjudicating parentage must identify the child by name and date of birth except an order pursuant to § 8-611(a), and health care providers shall report the person(s) determined by Family Court to be the parent(s) to the Office of Vital Statistics as required by § 3121 of Title 16 … (f) If the order of the court is at variance with the child's birth certificate, the court shall order the Office of Vital Statistics to issue an amended birth registration."

⭐ Two useful details. The pre-birth order under § 8-611(a) is expressly excepted from the name-and-date-of-birth requirement — which is what makes an order before the birth workable at all. And (f) is the amendment route if the certificate has already issued at variance. ⚠️ From 6 December 2026 the general order provision becomes § 8-621.

⚠️ Venue changes on the same date, and the page had cited § 8-605 without a version

Current § 8-605: venue is in the county where "(1) The child resides or is found; (2) The respondent resides or is found if the child does not reside in this State; or (3) A proceeding for probate or administration of the presumed or alleged father's estate has been commenced."

⭐ From 6 December 2026, § 8-605 reads: "If the court has personal jurisdiction under § 8-604 of this title, venue for a proceeding to adjudicate parentage is proper in any county of this State." A specified-county rule becomes an any-county rule.

Who can be an intended parent. Delaware's subchapter VIII sets no age requirement and no residency or citizenship condition, in either regime. ⚠️ What it requires, at the time the gestational carrier agreement is executed (§ 8-806(b)), is a mental health evaluation and independent legal representation (§ 8-806 today, § 8-810 from 6 December 2026).

⚠️ From 6 December 2026 your attorney must be licensed in Delaware. The new §§ 8-810 and 8-811(b)(2) add "licensed to practice law in this State," for both sides. Today the statute requires independent counsel without saying where admitted. If your agreement will be signed near that date, settle this early.

Your obligations are front-loaded. The agreement must be in writing and executed before the embryo transfer, witnessed by two disinterested, competent adults, and the carrier's compensation must sit in escrow with an independent escrow agent before she begins any medical procedure other than her screening (§ 8-807 today, § 8-811 from December). If she requests it, you pay for her attorney.

Laboratory error is addressed, with a limit. If the child turns out not to be genetically related to either of you when the intent was that it would be, "the intended parents will be the parents of the child unless otherwise determined by a court … in an action which can only be brought by 1 or more of the genetic parents within 60 days of the date of the child's birth" (§ 8-805(c) today, § 8-809(c) from December).

If you use donor eggs or sperm, note a new rule. From 6 December 2026 a gamete bank or fertility clinic licensed in Delaware must collect a donor's identifying information and, on request of a donor-conceived child who has turned 18, provide it to them; non-identifying medical history goes to parents on request — ⚠️ but the requester changes with age. Under § 8-904(b) the adult donor-conceived person may request it once they turn 18, and a parent or guardian may request it only while the child is a minor. Identifying information under (a) belongs to the adult child alone. It reaches only gametes collected on or after that date, and it binds the Delaware clinic — not one in another state holding your embryos.

Insurance. Delaware's fertility mandate (18 Del. C. § 3342, individual; § 3556, group and blanket) expressly covers "IVF where the embryo is transferred to a gestational carrier or surrogate." ⚠️ The same subsection says a policy is not required to cover monetary payments to gestational carriers or surrogates, and § 3556(i)(6) exempts employers who self-insure or have fewer than 50 employees. Check your own certificate of coverage.

Start with intended parents, or contact us.

A Delaware journey costs what a journey costs anywhere in the mid-Atlantic. Delaware's statute shapes when money moves, not how much of it there is.

Typical all-in ranges for an Ivy journey:

• Surrogacy only, embryos already created: $140,000–$150,000
• With IVF: $180,000–$190,000
• With IVF and egg donation: $210,000–$220,000+

Those cover agency fees, the surrogate's compensation and allowances, legal work for both sides, escrow administration, screening, insurance review and the parentage filing. They do not cover an unusual medical course, and no honest estimate can.

Two things Delaware puts in the statute. Her compensation must be placed in escrow with an independent escrow agent before she begins any medical procedure other than her screening evaluations (§ 8-807(b)(5) today, § 8-811(b)(5) from 6 December 2026); and her independent legal counsel "shall be paid for by the intended parent(s) if requested" (§ 8-806 today, § 8-810 from December). ⚠️ Read "compensation" as § 8-102 defines it — "valuable consideration for services in addition to payment for reasonable medical and ancillary costs." The statutory escrow reaches her fee, not the reimbursement of her costs, which is a contract question for your attorney.

Insurance can move the number, in one direction only. Delaware's fertility mandate expressly covers "IVF where the embryo is transferred to a gestational carrier or surrogate" (18 Del. C. §§ 3342(i), 3556(i)) — named in the statute itself, for a Delaware-issued policy. The same subsection provides that a policy is not required to cover monetary payments to gestational carriers or surrogates, and the group-market section exempts employers who self-insure or have fewer than 50 employees. So it may reduce your IVF costs — but it does not oblige any policy to cover her compensation, and you should not plan on one doing so.

Ivy's fees are fixed and disclosed before you sign — contact us for a written breakdown.

A Delaware journey follows the standard gestational path. What the statute changes is the order of a few steps and one affidavit you file before the birth.

1. Application and matching. An application, records review, a call, then profiles and a decision on both sides.
2. ⚠️ Evaluations — done before signing, not before transfer. § 8-806(a) requires the carrier's medical and mental health evaluations, her independent counsel, her age and her prior birth to be in place prior to executing the agreement; § 8-806(b) requires the intended parents' mental health evaluation and independent counsel at the time the agreement is executed. ⭐ Only her health insurance is transfer-timed (§ 8-806(a)(6)). (§ 8-806 today, § 8-810 from 6 December 2026.)
3. Independent counsel, both sides. The intended parents pay for hers if requested. ⚠️ From 6 December 2026 both attorneys must be licensed in Delaware.
4. The agreement. In writing, executed before the embryo transfer, witnessed by two disinterested, competent adults, and it must give her a health care provider "of her choosing, after consultation with the intended parents" (§ 8-807 today, § 8-811 from December).
5. Escrow funded, insurance in place. Her compensation goes into escrow with an independent escrow agent before she begins any medical procedure other than the screening evaluations; her policy must cover major medical treatments and hospitalization, with a term running through the expected pregnancy and 8 weeks after the birth. Ivy funds escrow before medications and disburses monthly from confirmation of fetal heartbeat.
6. Transfer, heartbeat scan, prenatal care. Handoff to her local OB usually happens around 8–10 weeks.
7. The parentage petition, filed under § 8-611 (today) or § 8-617 (from 6 December 2026) in the Family Court of the State of Delaware, appending affidavits acknowledging parentage and the carrier's — and her spouse's — nonparentage. ⚠️ Today it also needs an affidavit attesting that the pregnancy resulted through means other than sexual intercourse, verified by the participating health care provider; the new § 8-617 drops that one. Delaware sets no statutory filing deadline — ask your attorney when to file.
8. The order may be entered before the birth, with enforcement stayed until the birth. Delivery, then the birth record follows the order.

Apply as a surrogate or read the intended parents overview.

Delaware writes several of a surrogate's protections into the statute rather than leaving them to the contract — and it also makes two things enforceable that you should understand before you sign.

What the statute gives you:

• Your own attorney, paid for on request. You must have independent legal counsel, and that expense "shall be paid for by the intended parent(s) if requested" (§ 8-806 today, § 8-810 from 6 December 2026). ⚠️ From 6 December 2026 that attorney must be licensed in Delaware.
• Insurance that runs past the birth — covering major medical treatments and hospitalization, with a term that "extends throughout the duration of the expected pregnancy and for 8 weeks after the birth of the child." The intended parents may buy it for you under the agreement.
• Money in escrow before you start. If your agreement provides for compensation, that compensation must be placed in escrow with an independent escrow agent before you begin any medical procedure other than your evaluations (§ 8-807(b)(5) today).
• Your own doctor — a health care provider "of her choosing, after consultation with the intended parents" (§ 8-807(c)(3) today).
• You are not the child's parent. "A gestational carrier is not a parent of a child born as a result of a gestational carrier arrangement" (§ 8-804 today, § 8-808 from December).

What to raise with your attorney before you sign:

• ⚠️ Delaware defines "compensation" narrowly — consideration "for services in addition to payment for reasonable medical and ancillary costs" (§ 8-102). The statutory escrow covers your fee, not the reimbursement of your costs. Ask how the agreement secures the rest.
• § 8-807(d) (today) makes certain terms enforceable, including your agreement to undergo the exams, treatments and fetal monitoring your physician recommends and to abstain from activities reasonably believed harmful. This is current law — read those clauses closely and negotiate them now.
• The bar on specific performance is narrow. A court will not order specific performance of a term requiring you to be impregnated (§ 8-810 today, § 8-813 from December); no Delaware decision has said what it means for anything else. Separately, challenges close 12 months after the birth: no action to invalidate a complying agreement or to challenge the parentage it establishes may be commenced after that (§ 8-812 today, § 8-824 from December). ⚠️ The current version makes that bar subject to § 8-606(e), which preserves an action founded on fraud, duress or material mistake of fact; the 2026 act drops the cross-reference, so ask your attorney whether it still applies.
• If you are married, the statute's parentage sentence does not mention your spouse; the agreement handles his position by contract. Ask counsel early.

Delaware sets no residency requirement. Apply here or read the compensation overview.

Two sets of requirements apply, and they are not the same thing. Delaware's statute sets a floor; Ivy and the IVF clinic set the rest.

What Delaware requires (§ 8-806 today, § 8-810 from 6 December 2026), before the embryo transfer:

• At least 21 years old
• Has given birth to at least one child
• A completed medical evaluation and a completed mental health evaluation
• Independent legal counsel — paid for by the intended parents if requested, and, from 6 December 2026, licensed in Delaware
• A health insurance policy covering major medical treatments and hospitalization, with a term running through the expected pregnancy and 8 weeks after the birth

What Ivy asks:

• 20–36 at application
• At least one healthy full-term pregnancy, and currently raising that child
• BMI 32 or under
• No more than 2 C-sections and no more than 5 total deliveries — these come from IVF clinic requirements, not from state law
• No smoking, vaping or THC for 6+ months, clinic-verified
• Financially stable and not receiving public assistance
• U.S. citizen or permanent resident, with a stable living situation

You may apply as early as 3 months postpartum after a vaginal delivery; recovery from a C-section takes longer.

⚠️ Delaware imposes no residency requirement, so living here is not a condition of eligibility. Where a case belongs in court is a separate question — § 8-803 (today) gives a Delaware court personal jurisdiction over a nonresident on nine bases, and county venue runs through § 8-605. Settle that with your attorney before matching, not after.

Not sure whether you qualify? The application takes about ten minutes and we will tell you honestly.

Base compensation for a first-time Ivy surrogate is $40,000. A second journey is $45,000–$50,000; a third or more is $55,000–$60,000, open to discussion beyond that for a proven surrogate.

With allowances and milestones, a full package generally runs $50,000–$100,000+ — a monthly allowance, maternity clothing, travel and childcare for appointments, lost wages where they apply, and milestone payments through the pregnancy. Your own package is written into the agreement before you sign it.

Delaware puts the security part in the statute. Where the agreement provides for compensation — as an Ivy agreement does — that compensation must be placed in escrow with an independent escrow agent, under an escrow agreement, before you begin any medical procedure other than your eligibility evaluations (§ 8-807(b)(5) today, § 8-811(b)(5) from 6 December 2026). Ivy funds escrow before medications begin and disburses monthly from confirmation of fetal heartbeat, on the schedule written into your agreement. Ask your attorney to confirm that the arrangement meets the statute’s independent-escrow-agent requirement.

⚠️ Read Delaware's definition, because it is narrower than the word sounds. § 8-102 defines "compensation" as "payment of any valuable consideration for services in addition to payment for reasonable medical and ancillary costs." The statutory escrow requirement covers your fee; reimbursement of your medical and ancillary costs sits outside that definition, and how it is secured is a term of your agreement. Ask your attorney to walk you through that specifically — it is the question most worth asking about a Delaware contract.

Separately, Delaware's fertility-insurance mandate does not require a policy to cover "monetary payments to gestational carriers or surrogates" (18 Del. C. §§ 3342(i), 3556(i)). Your compensation comes from the intended parents through escrow.

Full detail on how payments are structured is on the compensation page.

Delaware has a small fertility market, and we verified each practice against its own website on 17 August 2026 rather than from a directory:

• Delaware Institute for Reproductive Medicine (DIRM) — its own site lists locations in Newark, DE, Milford, DE and Chadds Ford, PA, carries Gestational Carrier as a service line under third-party reproduction, and identifies the practice as part of IVI RMA North America.
• CCRM Fertility, Delaware — part of the CCRM network. ⚠️ The former radfertility.com address now serves CCRM, so a search result naming "Reproductive Associates of Delaware" may be pointing at this practice under its earlier name.

Because both are multi-state networks and Delaware sits inside the Philadelphia–Wilmington corridor, where monitoring happens and where a transfer happens are not always the same address. Ask any practice directly which parts of a gestational carrier cycle it performs on site.

These listings are informational, not endorsements, and not a complete list. Intended parents normally stay with the clinic holding their embryos — many Ivy journeys transfer embryos in from another state or from outside the US, and a Delaware surrogate then receives care locally. If you already have a clinic, keep it.

Statute (today): 13 Del. C. ch. 8, subchapter VIII — Gestational Carrier Agreement Act, §§ 8-801 to 8-813. The pre-birth proceeding is § 8-611, in subchapter VI; definitions, including "commence" and "compensation," are in § 8-102.

Statute (from 6 December 2026): Senate Bill 250 — 85 Del. Laws c. 276, adopting the 2017 Uniform Parentage Act. Signed 9 June 2026, passed both chambers unamended, effective 180 days later. Subchapter VIII becomes §§ 8-801 to 8-825, the pre-birth proceeding becomes § 8-617, and a new subchapter IX governs donor information. ⚠️ The act reuses old section numbers for new provisions — every Delaware citation needs a date.

Court: Family Court of the State of Delaware (§ 8-102, both regimes); county venue under § 8-605.

Case law: none construing the Act located — see the legal framework above for the search and its limits.

Birth certificates: Office of Vital Statistics — New Castle (258 Chapman Road, Newark), Kent (417 Federal St., Dover), Sussex (546 S. Bedford St., Georgetown). In person, by mail, or online through GoCertificates or VitalChek, which the office says charge an additional fee. The state's own birth-certificate application lists $25.00 per copy, retained as a search fee if no record is found. ⚠️ Online vendors add their own service charges, and the Kent County office address should be reconfirmed before you travel.

Fertility insurance: 18 Del. C. § 3342 (individual), § 3556 (group and blanket).

For Chinese intended parents: Delaware falls in the consular district of the Chinese Embassy in Washington, D.C., not the New York Consulate-General.

Ivy: surrogate application · intended parents · compensation · contact us. Nearby: Pennsylvania · New Jersey · Maryland.