Quick answer

If you need to be legally recognized as a decedent’s child so you can inherit, you must get parentage established under Delaware law. That usually means obtaining an official acknowledgement of paternity or a court order establishing paternity (often through DNA testing or other evidence). Once parentage is established, present the court order or official record to the estate administrator or probate authority so you can be treated as an heir.

Why a birth certificate alone is not dispositive

A birth certificate is an important document but it is not the only proof of parentage. If a parent’s name is missing or incorrect on the birth certificate, Delaware law allows parentage to be established later through voluntary acknowledgments, DNA testing, and court orders. Probate and estate officials will accept a legal determination of parentage when deciding who inherits.

Key Delaware resources

• Delaware Code (Decedents’ Estates and related provisions): https://delcode.delaware.gov/title13/
• Delaware Family Court (where parentage/paternity matters are filed): https://courts.delaware.gov/family/
• Delaware Courts home page (probate and estate procedures; court contacts): https://courts.delaware.gov/
• Delaware Division of Public Health — Vital Records (birth certificate amendment info): https://dhss.delaware.gov/dph/

Step-by-step: How to prove you are the decedent’s child

1. Gather what you already have.

   Collect your birth certificate, baptismal or school records, family photos, letters, communications showing the relationship, social security records, and any old hospital or medical records that list parent names. These are helpful supporting evidence.

2. Look for a voluntary acknowledgment of paternity.

   If the father signed a paternity acknowledgment form after your birth, that document can be decisive. Ask the Vital Records office about any acknowledgments on file and how to obtain certified copies. See the Delaware Division of Public Health site above.

3. Request DNA testing if possible.

   If the alleged father is alive, a simple court-ordered or stipulated DNA test (cheek swabs) will usually settle parentage quickly. If the father is deceased, DNA can sometimes be done using stored biological samples, medical specimens, or tests of close relatives (siblings, the alleged father’s parents) to show genetic relationship.

4. File a petition to establish parentage.

   If voluntary acknowledgement or administrative fixes are not possible, file a parentage (paternity) action in Delaware Family Court. Ask the court to order DNA testing (including post-mortem testing if needed) and to issue a judgment establishing parentage. The Family Court handles parentage matters — see Delaware Family Court.

5. Obtain a court order or amended vital record.

   When the court issues a judgment finding you are the child of the decedent, you can ask Vital Records to amend the birth record (if applicable) or obtain certified copies of the judgment. Provide certified copies to the probate court or the estate personal representative to claim your inheritance rights.

6. Notify the estate administrator or probate authority.

   If there is an open probate administration, provide the administrator (personal representative) with the legal proof (acknowledgment, DNA report, court order). If the estate is unadministered, contact the appropriate court handling decedent estates via Delaware Courts to learn how to file your claim as an heir.

What if the parent died before you could establish paternity?

You can still establish parentage after the parent’s death. Courts allow post-mortem DNA testing or relative-reference testing (testing the decedent’s siblings, parents, or other known biological relatives) to establish a genetic relationship. The Family Court can enter a judgment establishing parentage based on that testing and other evidence. Once established, that judgment functions like a parentage determination made during the parent’s life for inheritance purposes.

How establishing parentage affects inheritance

Once parentage is legally established, you are treated as a child or heir under Delaware’s laws governing decedents’ estates. That means you may inherit under the decedent’s will (if the will omitted or failed to identify you) or under intestate succession rules if there was no valid will. See the Delaware Code on decedents’ estates for details: Delaware Code, Title 13.

Common problems and how to overcome them

• If records are missing, build a strong circumstantial case with multiple independent pieces of evidence (letters, photos, testimonies).
• If relatives resist DNA testing, ask the court to compel testing or to allow testing of other relatives or stored samples.
• If the estate is already distributed, you may need to file a motion in probate court asking the administrator to reopen the estate or to pursue remedies — prompt action is important.

Helpful hints

• Start by requesting your complete birth records and any paternity acknowledgments from Delaware Vital Records.
• Document any interactions or support the alleged parent provided (financial, medical coverage, residence, or family recognition).
• If the alleged parent is deceased, search for medical records, dental records, tissue banks, or other places where biological samples might be stored.
• Arrange genetic testing through a court-approved lab when you expect the result will be used in court or probate — courts may reject consumer tests that lack chain-of-custody proof.
• Contact the estate’s personal representative early and provide copies of any legal parentage proof to avoid unnecessary delays.
• Keep copies of every document and get certified copies of court orders and vital record amendments for the probate file.
• Time can matter: seek information from the probate clerk or Family Court promptly to preserve your rights and evidence.

When to talk to an attorney

If evidence is contested, a party refuses DNA testing, or the estate has already distributed property, consult an attorney experienced in Delaware family and probate matters. An attorney can file the proper petitions, request courts to order testing, and represent your interest in probate proceedings.