Delaware

The following is an overview of the laws of the state of Delaware. It should not be used as legal advice and is provided as information only. Family Fairness does not warrant that this information is current or comprehensive.
Updated: 04/04/2009

Same-Sex Relationships

Performs Same-Sex Marriages
"A marriage is prohibited and void [. . .] between persons of the same gender." DEL. CODE ANN. § 101.
No
Recognizes Out-of-State Same-Sex Marriage
"A marriage obtained or recognized outside the state between persons prohibited by subsection (a) of this section shall not constitute a legal or valid marriage within the state." DEL. CODE ANN. § 101.
No
Other Recognition: None No

 

Gay and Lesbian Adoption

Single LGBT Adoption
The state permits any unmarried, single adult to adopt. DEL. CODE. ANN. Tit 13, § 903
Yes
Joint Same-Sex Adoption
No explicit prohibition.
Yes
Gay or lesbian adoption of a partner's child
Approved (at least in some jurisdictions within the state) in In re Hart, 806 A.2d 1179 (Del. Fam. Ct. 2001).
Yes

 

Housing Discrimination

Protections on the basis of sexual orientation
State law does not prohibit discrimination.
No
Protections on the basis of gender identity
No explicit protection.
No

 

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