State Laws Listing
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Delaware Custody and Visitation Law
Delaware courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the children. There are no published cases dealing with transgender parents. Delaware courts will allow a former same-sex partner (with no legal or biological relationship to the children) to petition for custody and visitation.
Delaware Donor Insemination Law
There is no provision on donor insemination in Delaware state law.
Delaware Hate Crimes Law
State law covers hate crimes based on sexual orientation but not gender identity.
Delaware Healthcare Laws
State healthcare laws relating to the LGBT community in the areas of medical decision making and hospital visitation.
Delaware Marriage/Relationship Recognition Law
Delaware law purports to ban recognition of marriages between same-sex couples. There are no other forms of relationship recognition for same-sex couples in state law or policies.
Delaware Non-Discrimination Law
Delaware law protects against discrimination based on sexual orientation but not gender identity.
Delaware School Laws
Delaware law does not explicitly address school issues relating to sexual orientation or gender identity.
Delaware Sodomy Law
The Delaware sodomy law was repealed in 1973.
Delaware Surrogacy Law
While the Delaware statutes do not address surrogacy agreements, the ruling of at least one court suggests that those agreements go against the public policy of the state. The issue of surrogacy agreements involving lesbian, gay, bisexual or transgender (LGBT) individuals has not yet been considered by the courts.
