Bill Text: DE HB375 | 2025-2026 | 153rd General Assembly | Draft
Bill Title: An Act To Amend Title 13, Title 16, And Title 21 Of The Delaware Code Relating To Government Records.
Sponsorship: Partisan Bill (Democrat 7)
Status: (Introduced) 2026-05-07 - Assigned to Appropriations Committee in House [HB375 Detail]
Download: Delaware-2025-HB375-Draft.html
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SPONSOR: |
Rep. Morrison & Rep. Neal & Rep. Snyder-Hall & Sen. Cruce & Sen. Pinkney |
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Rep. Gorman; Sen. Lockman |
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 375
AN ACT TO AMEND TITLE 13, TITLE 16, AND TITLE 21 OF THE DELAWARE CODE RELATING TO GOVERNMENT RECORDS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 31, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 3101. Definitions [For application of this section, see 84 Del. Laws, c. 261, § 16].
For purposes of this chapter:
(13) “Sex” or “gender” includes all of the following:
a. Female, designated by “F”.
b. Male, designated by “M”.
c. Unspecified, designated by “X”.
§ 3131. Delayed or amended certificates; procedures; evidence.
(e) Such (1) The State Registrar shall hold the original certificate and all evidence submitted in support of a delayed or amended registration as may be retained by the State Registrar shall be kept or certificate under this section in special permanent a special, permanently confidential file.
(2) When a certificate is amended under subsection (g) of this section, the amended certificate is the basis for all of the following:
a. A certified copy of the certificate under § 3107 of this title.
b. Vital records disclosure under § 3110 of this title.
(3) The original certificate and all evidence submitted in support of the amended certificate under subsection (g) of this section remain confidential unless any of the following apply:
a. The vital records are requested by any of the following:
1. The individual who made the request under paragraph (g)(2)a.1., (g)(3)a.1., (g)(4)a.1., or (g)(5)a.1. of this section.
2. The individual for whom an amended certificate of birth was issued under paragraph (g)(2)b.1., (g)(3)b.1., or (g)(4)b.1. of this section.
3. The spouse for whom an amended marriage certificate was issued under paragraph (g)(5)b.1. of this section.
4. The legal representative of an individual under paragraphs (e)(3)a.1. through (e)(3)a.3. of this section.
b. The release of the original certificate or evidence submitted in support of the amended certificate is ordered by a court under § 3110(a)(2) of this title.
(g)(1) The State Registrar shall issue an amended certificate of birth when a certificate of birth is corrected or amended under subsection (a) or (b) of this section.
(2)a.1. The State Registrar shall issue an amended certificate of birth without a court order when an individual born in this State submits an application to change the individual’s gender designation on their certificate of birth and an affidavit attesting under penalty of perjury that the request for a change of gender is to conform the individual’s documents and records to the individual’s gender identity and is not made for any fraudulent purpose.
2. If the application under paragraph (g)(2)a.1. of this section is made on behalf of a minor, the affidavit must be signed by the individual’s parent or legal guardian.
b. On receipt of the documentation required under paragraph (g)(2)a. of this section, the State Registrar shall do all of the following:
1. File an amended certificate of birth for the individual reflecting the gender stated in the application and any change in name, if the application was accompanied by a court order for a change of name.
2. Remove the original certificate of birth from the files and place it in a confidential file under paragraph (e)(1) of this section.
(3)a. The State Registrar shall issue, without a court order, an amended certificate of birth for a minor child born in this State when a parent of the child submits all of the following in support of amending that parent’s gender designation:
1. An application for an amended certificate of birth for the parent’s minor child requesting the change of the designation of the applicant as mother, father, or parent.
2. A copy of 1 or more of the following documents consistent with the change of gender designation requested in the application under paragraph (g)(3)a.1. of this section:
A. A certified copy of a court-ordered change of gender.
B. The parent’s birth certificate.
C. A government-issued identity document.
D. An affidavit attesting under penalty of perjury that the request for a change of the designation of the applicant as mother, father, or parent is to conform to the individual’s gender identity and is not made for any fraudulent purpose.
b. On receipt of the documentation required under paragraph (g)(3)a. of this section, the State Registrar shall do all of the following:
1. File an amended certificate of birth for the minor child reflecting the designation stated in the application and any change in name, if the application was accompanied by a court order for a change of name.
2. Remove the original certificate of birth from the files and place it in a confidential file under paragraph (e)(1) of this section.
(4)a. The State Registrar shall issue, without a court order, an amended certificate of birth for an adult born in this State when a parent of the adult child submits all of the following in support of amending that parent’s gender designation:
1. An application for an amended certificate of birth for their adult child requesting the change of the designation of the applicant as mother, father, or parent.
2. A copy of 1 or more of the following documents consistent with the change of gender designation requested in the application under paragraph (g)(4)a of this section:
A. A certified copy of a court-ordered change of gender.
B. The parent’s birth certificate.
C. A government-issued identity document.
D. An affidavit attesting under penalty of perjury that the request for a change of the designation of the applicant as mother, father, or parent is to conform to the individual’s gender identity and is not made for any fraudulent purpose.
3. A notarized letter from the adult child agreeing to the change to the adult child’s certificate of birth. The notarized letter from the adult child must be accepted if the letter contains substantially the following language: “I, (adult child’s full name), agree to the issuance of an amended birth certificate for me that reflects my parent’s gender.”.
b. On receipt of the documentation required under paragraph (g)(4)a. of this section, the State Registrar shall do all of the following:
1. File an amended certificate of birth for the adult child reflecting the designation stated in the application and any change in name, if the application was accompanied by a court order for a change of name.
2. Remove the original certificate of birth from the files and place it in a confidential file under paragraph (e)(1) of this section.
(5)a. The State Registrar shall issue an amended short-form marriage certificate without a court order for an individual who has a marriage certificate from this State when the individual submits all of the following:
1. An application for an amended marriage certificate requesting the change of the designation of the applicant as bride, groom, or spouse.
2. A copy of 1 or more of the following documents consistent with the change of gender requested in the application under paragraph (g)(5)a.1. of this section:
A. A certified copy of a court-ordered change of gender.
B. The individual’s birth certificate.
C. A government-issued identity document.
D. An affidavit attesting under penalty of perjury that the request for a change of the designation of the applicant as bride, groom, or spouse is to conform to the individual’s gender identity and is not made for any fraudulent purpose.
3. A notarized letter from the spouse who is not requesting the amended marriage certificate agreeing to the change to the marriage certificate. The notarized letter from the spouse must be accepted if the letter contains substantially the following language: “I, (spouse’s full name), agree to the issuance of an amended marriage certificate that reflects my spouse’s gender.”.
b. On receipt of the documentation required under paragraph (g)(5)a. of this section, the State Registrar shall do all of the following:
1. File an amended short-form marriage certificate reflecting the designation stated in the application and any change in name, if the application was accompanied by a court order for a change of name.
2. Provide a copy of the amended short-form marriage certificate to the clerk of the peace in the county that issued the marriage license.
3. Remove the original long-form marriage certificate from the files and place it in a confidential file under paragraph (e)(1) of this section.
c. On receipt of an amended long-form marriage certificate from a clerk of the peace under § 115(c)(2)b. of Title 16, the State Registrar shall remove the original long-form marriage certificate from the files and place it in a confidential file under paragraph (e)(1) of this section.
§ 3107. Reproduction of vital records; official seal for certification.
(b) The Department shall adopt an official seal for purposes of certification. Every certificate or other official paper document executed by the State Registrar, in pursuance of under any authority conferred by law, and bearing the seal of the Department shall be received as evidence when duly certified by the Department, under its seal, is equivalent to and must be accepted as the original record, including as evidence, with the same force and effect as the original would, in law, would be entitled to if produced in open court.
§ 3110. Disclosure of records.
(a) To protect the integrity of vital records, to ensure their the proper use of vital records, and to ensure the efficient and proper administration of the system of vital statistics, the records and files of the Office of Vital Statistics shall be considered are confidential matter and shall are not be open to inspection, except as follows:
(1) If authorized by under this chapter, and regulations adopted hereunder or by order of a court of competent jurisdiction. Regulations adopted under this section shall provide for adequate standards of security and confidentiality of vital records and reports. chapter.
(2)a. Pursuant to a court order. A court may order the release of information in a special, permanently confidential file under § 3131(e)(1) of this title only if paragraph (a)(2)b. of this section does not apply.
b. For purposes of § 3928 of Title 10 and § 611 of Title 29, the original certificate or evidence submitted in support of the amended certificate are records of healthcare services and may not be released if the court order is not enforceable under § 3928 of Title 10.
c. The confidentiality under this paragraph (a)(2) of this section includes the disclosure of the existence of a special, permanently confidential file or the existence of any documents in that file.
(b) The State Registrar shall upon (1) On receipt of an application application, the State Registrar shall issue a certified copy of a vital record in the State Registrar’s custody custody, or a part thereof to the registrant’s, the registrant’s spouse, children, parents or guardian, or their respective authorized representative. The State Registrar shall, upon of the vital record, to the registrant and as follows:
a. For a marriage certificate, the registrant’s spouse.
b. For a certificate of birth, the registrant’s parent.
(2) On receipt of an application, the State Registrar shall issue a certified copy of a death certificate to any of the following:
a. The decedent’s personal representative, as defined in § 101 of Title 12.
b. The individual with the right to dispose of the decedent’s remains under § 264 of Title 12.
(3) The authorized representative of an individual under paragraph (b)(1) or paragraph (b)(2) of this section.
(4) On receipt of an application, the State Registrar shall issue a noncertified copy of a vital record, including an the registrant’s original birth certificate, to a registrant who is an adoptee 21 years of age or older. Others may be authorized to obtain
(5) The State Registrar may provide a certified copies copy of a vital record when they demonstrate the individual requesting the record demonstrates that the record is needed for the determination or protection of their the individual’s personal or property rights or for genealogical purposes. The Department shall adopt regulations to further define those who may obtain copies of vital records under this chapter.
Section 2. Amend Chapter 1, Title 13 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 115. Forms for marriage license; certificates of marriage.
(c) The issuing clerk of the peace shall issue an amended long-form marriage certificate without a court order when the individual submits all of the information required under § 3131(g)(5)a. of Title 16 to amend a short-form marriage certificate and shall do all of the following:
(1) File an amended long-form marriage certificate reflecting the designation of the individual as bride, groom, or spouse as stated in the application and any change in name, if accompanied by a court order for a change of name.
(2) Provide a copy of the amended long-form marriage certificate to the Office of Vital Statistics.
(3) Remove the original long-form marriage certificate and application background information from the files and place it in a confidential file under § 119(c) of this title.
(d) The clerk of the peace may provide a certified copy of an original or amended long-form marriage certificate to a party to that marriage.
§ 119. Public records; evidence.
Such (a) The marriage forms and records as may be prescribed required by the Department of Health and Social Services shall must be kept by the issuing officer in the issuing officer’s clerk of the peace’s office. They shall be
(b)(1) Marriage forms and records under this section are public records open for the inspection of the public after 50 years, in accordance with under § 3110 of Title 16, and shall be admitted are admissible under § 3107 of Title 16 as evidence of the facts therein contained in any court of record. a court.
(2) When a marriage certificate is amended under § 115(c) of this title or § 3131(g) of Title 16, the amended marriage certificate is the basis for records inspected or provided under paragraph (b)(1) of this section.
(c) Notwithstanding paragraph (b)(1) of this section, the application background information, original long-form marriage certificate, and evidence submitted in support of the amended marriage certificate is not a public record and must be maintained in special, permanently confidential file in the same manner as under § 3131(e) of Title 16, if either of the following apply:
(1) The long-form marriage certificate is amended under § 115(c) of this title or § 3131(g) of Title 16,
(2) An amended short-form marriage certificate is received from the Office of Vital Statistics under § 3131(g)(5)b.2. of Title 16.
Section 3. Amend § 101, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 101. Words and phrases.
For the purposes of this title, unless the context otherwise clearly indicates: title:
(77) “Sex” or “gender” includes all of the following:
a. Female, designated by “F”.
b. Male, designated by “M”.
c. Unspecified, designated by “X”.
Section 4. Amend § 2711, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 2711. Application for license.
(f) The Division shall issue a new operator’s license for an individual who has a license from this State when the individual submits the form to request a gender designation change indicating the individual’s appropriate gender marker as M, F, or X. The Department may not require a court order or any additional documentation or certification.
Section 5. Amend § 3102, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(e) The Division shall issue a new identification card for an individual who has an identification card under this chapter when the individual submits the form to request a gender designation change indicating the individual’s appropriate gender marker as M, F, or X. The Department may not require a court order or any additional documentation or certification.
Section 6. Amend § 305, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 305. Privacy act governing the release of motor vehicle driving history and license records.
(d) Court approval for release of information. — (1) Persons or agencies other than those named in subsections (b) and (c) of this section shall be are prohibited from acquiring any information pertaining to an individual’s address, telephone number, vehicle title, vehicle registration, driver license license, and driver performance that is in the possession of the Division of Motor Vehicles except in the following case: as follows:
(2) The Division may only release, or disclose the existence of, gender change information for an individual if the Division has received reasonable assurance concerning the identity of the individual making the request and the request is 1 or more of the following:
a. For a permissible use of personal information under subsection (b) of this section and from any of the following:
1. A Delaware court.
2. A Delaware state, county, or municipal law-enforcement agency.
3. An agency of this State.
4. An individual requesting their own records.
5. With the individual’s consent under subsection (e) of this section.
6. From outside of this State, including from a federal or state court, agency, division, or municipality, under paragraph (d)(3) of this section.
b. Pursuant to a valid, Delaware court order.
(3) If a request for gender change information is from outside of this State, including from a federal or state court, agency, division, or municipality, gender change information may only be released, or ordered released by a Delaware court, if all of the following apply:
a. There is a demonstrated legitimate public safety need for the gender change information that would be necessary to obtain a valid court order in this State. Unless the acts forming the basis of the prosecution, investigation, or civil action would constitute a crime or civil claim in this State, gender change information may not be released, including if the request is related to any of the following:
1. A pending prosecution.
2. A grand jury investigation that has commenced or is about to commence.
3. A criminal violation of a law.
4. A civil action.
b. The individual making the request has provided a signed affidavit under which the individual acknowledges their responsibility to protect the gender change information and agrees to all of the following:
1. The gender change information is being requested for a legitimate public safety need under paragraph (d)(3)a. of this section.
2. The gender change information will be used only for the purpose provided under paragraph (d)(3)b.1. of this section.
3. No part of the gender change information will be disclosed beyond the purpose provided under paragraph (d)(3)b.1. of this section.
(p) Definitions. — In this chapter: For purposes of this section:
(1) “Gender change information” means any of the following:
a. A request to change gender designation under § 2711(f) of this title.
b. An individual’s name or gender on an operator’s license issued before a request to change gender designation under § 2711(f) of this title.
c. A request to change gender designation under § 3102(e) of this title.
d. An individual’s name or gender on an identification card issued before a request to change gender designation under § 3102(e) of this title.
(2) “Motor vehicle record” means any a record that pertains to a motor vehicle operator’s or driver’s permit or license, motor vehicle title, motor vehicle registration or identification document any of the following, issued by a Division of Motor Vehicles or other state or local agency authorized to issue any such forms or credentials; credentials:
a. A motor vehicle operator’s or driver’s permit or license.
b. A motor vehicle title.
c, A motor vehicle registration.
d. An identification document.
(2) (3)a. “Person” means an individual, organization organization, or entity, but entity.
b. “Person” does not include a state or agency thereof; and a state agency.
(3) (4)a. “Personal information” means information that identifies an individual, including an individual’s photograph any of the following related to the individual:
1. A photograph.
2. Social Security number, driver number.
3. Driver identification number, name, number or identification card number.
4. Name, address, or telephone number and medical number.
5. Medical or disability information, but information.
b. “Personal information” does not include information on vehicular accidents, driving about any of the following:
1. Vehicular accidents.
2. Driving or equipment-related violations and driver’s violations.
3. Driver’s license or registration status.
4. Gender change information.
Section 7. Amend Chapter 31, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 3101. Definitions [For application of this section, see 84 Del. Laws, c. 261, § 16].
(5) “Health-care facility” or “institution” means any of the following:
a. An assisted living facility as defined in § 1102 of this title.
b. A freestanding birthing center as defined in § 122(3)p. of this title.
c. A freestanding emergency department as defined in § 122(3)p. of this title.
d. A hospice program licensed under § 122(3)m. of this title.
e. A hospital as defined in § 1001 of Chapter 10 of this title.
f. A nursing facility as defined in § 1102 of this title.
(6) “Institution” means any establishment, public or private, which provides in-patient medical, surgical or diagnostic care or treatment or nursing, custodial or domiciliary care, or to which persons are committed by law.
(10) “Physician” means a person an individual authorized or licensed to practice medicine or osteopathy pursuant to the laws of this State. under Chapter 17 of Title 24.
(11) “Registration” means the acceptance by the Office of Vital Statistics and the incorporation of vital records provided for in this chapter into its the official records. records of the Office of Vital Statistics.
(15) (16) “Vital records” means certificates all of the following:
a. Certificates or reports of birth, death, spontaneous fetal death, marriage, divorce divorce, or annulment, and data related thereto. annulment.
b. Data related to a certificate or report under paragraph (16)a. of this section
(16) (17) “Vital statistics” means the data derived from certificates and reports of birth, death, spontaneous fetal death, marriage, divorce or annulments, and related reports. vital records.
§ 3102. Supervision and enforcement of registrations.
(a) The Department has charge of is responsible for the registration of births, deaths, marriages, divorces divorces, and fetal deaths deaths. The State Registrar shall prepare the necessary methods, forms and blanks forms, format, and documents for obtaining and obtaining, reporting, and preserving such these vital records and insuring to ensure the faithful registration of the same vital records throughout this State and in by the central Office of Vital Statistics.
(b) The Department is charged with the uniform and thorough enforcement of this chapter throughout the this State and shall from time to time promulgate adopt any additional forms and regulations that are necessary for this purpose.
(c) Each certificate, report, or other document required under this chapter must be on a form or in a format prescribed by the State Registrar.
§ 3103. Regulations of Department; adoption and enforcement.
The Department may adopt, promulgate, amend and repeal such shall adopt regulations as may be consistent with law relative to necessary to implement this chapter, including regulations governing the all of the following:
(1) Adequate standards for the security and confidentiality of vital records and reports.
(2) The conditions under which information may be disclosed for research purposes.
(3) The conditions under which the bodies of persons dying body of an individual who died in this State from an infectious or communicable disease can be transported from any portion of the State to a crematorium for the purpose of cremation. The regulations shall be enforced by the Department. for final disposition.
§ 3105. State Registrar of Vital Statistics; duties.
(a) The Director of the Division of Public Health of the Department of Health and Social Services shall be is the State Registrar and shall: shall do all of the following:
(1) Direct and supervise the system of vital statistics and the Office of Vital Statistics and be custodian of it’s the Office’s records.
(2) Direct, supervise supervise, and control the activities of all persons individuals when they the individuals are engaged in activities pertaining to the operation of the system of vital statistics.
(3) Conduct training programs to promote uniformity of policy and procedures throughout the this State in matters pertaining to the system of vital statistics.
(4) Prescribe, with the approval of the Department, furnish a. Create and distribute such forms as are the forms, including certificates, required by under this chapter and chapter and adopt the rules and regulations issued hereunder, or prescribe such necessary to implement this chapter.
b. Prescribe other means for transmission of data as will to accomplish the purpose of complete and accurate reporting and registration.
(5) Prepare and publish reports of vital statistics of this State and suc h other reports as the State Registrar may deem deems necessary.
(b) (1) The Delaware Health Statistics Center within the Division of Public Health shall have has responsibility for the statistical analysis of vital statistics data and shall prepare and publish vital statistics reports of this State.
(2) The State Registrar may establish or designate other offices in the this State to aid in the efficient administration of the system of vital statistics.
§ 3107. Reproduction of vital records; official seal for certification.
(a) To preserve vital records, the State Registrar is authorized to prepare typewritten, photographic, electronic electronic, or other reproductions of certificates or reports in the Office of Vital Statistics. Such reproductions when certified by the State Registrar shall be accepted as the original records.
§ 3108. Form of certificates and reports.
(a) In order to promote and maintain nationwide uniformity in the system of vital statistics , the forms of certificates and reports required by this chapter, or by regulations adopted hereunder, shall include as a minimum the items
The form of certificates, reports, and other documents adopted by the Department under § 3102 of this title must include all of the following:
(1) The information required under this chapter.
(2) The information recommended by the federal agency responsible for national vital statistics, subject, however, to approval of and modification by the Department; provided, however, that every death certificate shall include the Social Security number of the decedent. as modified by the Department.
(b) Each certificate, report and other document required by this chapter shall be on a form or in a format prescribed by the State Registrar. The death certificate must include the decedent’s Social Security number, if the decedent has a Social Security number.
(c) All vital records shall must contain the date the record was received for registration.
(d) Information required in certificates or reports authorized by under this chapter may be filed and registered by photographic, electronic electronically or by other means as prescribed by the State Registrar.
(e)(1) The marriage license application shall include all of the following for each applicant:
a. Full name, sex, and birth date from the applicant’s valid, government-issued form of identification.
b. Social Security number, if the applicant has a Social Security number.
c. The name, place of birth, and current place of residence of the applicant’s parents.
d.1. The date and place of a previous marriage, civil union, domestic partnership, or other substantially similar legal union.
2. The date and place any legal union listed under paragraph (e)(1)d.1. of this section was terminated.
e. A form of certification, signed by the applicant, that the information the applicant provided in the application is true and accurate and that the applicant is not of a prohibited degree of relationship under § 101(a) of Title 13.
f. The date and time of the application.
(2) The information under paragraphs (e)(1)a. through (e)(1)d. of this section is the application background information.
(f)(1) The marriage license form must have 3 identical pages and include all of the following:
a. A statement that an officiant under § 106 of Title 13 is authorized to perform the marriage.
b. The earliest and latest time the marriage may be performed under the license.
c. The place of issuance of the license.
f. The signature of the issuing clerk of the peace.
g. A form of certification that the ceremony was performed that includes all of the following:
1. The date, time, and location of the ceremony.
2. The signature of the officiant and 2 witnesses.
h. Any other information required by the Department.
(2) A marriage license under paragraph (f)(1) of this section becomes a long-form marriage certificate after the form of certification under paragraph (f)(1)g. of this section is signed by the officiant and 2 witnesses.
(3) The Department shall create a short-form marriage certificate that contains all of the following information:
b. The date and location of the ceremony.
§ 3109. Completion of certificates and reports.
(a) Those individuals and/or institutions (1) An individual or health-care facility responsible for the completion of certificates or reports according to under this chapter or regulations adopted hereunder shall complete all items on the forms provided by the State Registrar.
(2) The State Registrar shall carefully examine the certificates and reports received in the Office of Vital Statistics, and if they are Statistics. If a certificate or report is incomplete or unsatisfactory, the State Registrar shall require such further the additional information as may be necessary to make the record complete and satisfactory.
(b) No A claim or cause of action shall does not arise and no judgment, damages, penalties, costs costs, or other money entitlement shall may not be awarded against an individual or institution health-care facility that furnishes vital statistics in accordance with this chapter.
§ 3110. Disclosure of records.
(c) (1) The Department may authorize by regulation authorize, through regulations, the disclosure of information contained on vital records for research purposes.
(2) The Department may require that a person who receives information under paragraph (c)(1) of this section may not disclose any of the information except in conformance with the authority granted by the Department and the purpose for which the information was originally requested by the person.
(d) Subject to the provisions of this section, the (1) The State Registrar may, by agreement, transmit copies of records and other reports required by under this chapter to the any of the following:
a. The federal agency responsible for national vital statistics and other offices statistics.
b. Offices of vital statistics outside this State when such the records or other reports relate to residents of those jurisdictions or persons born in those jurisdictions. The a resident of that jurisdiction or an individual born in that jurisdiction.
(2) An agreement shall require that under paragraph (d)(1) of this section must include all of the following:
a. That the copies be used only for statistical and/or or administrative purposes only and the agreement shall further provide for the retention and disposition of such copies. purposes.
b. That the information will not be disclosed except in conformance with the authority granted by the Department and the purpose for which the information was requested.
c. That copies must be retained and disposed of in a manner that conforms with the requirements under this paragraph (d)(2).
(3) Copies received by the Office of Vital Statistics from offices of vital statistics in other states shall must be handled in the same manner as prescribed in required under this section.
(e) Appeals from decisions of custodians of vital records, as designated under authority of § 3105 of this title, who refuse to disclose information, or to permit inspection or copying of records as prescribed by this section and regulations adopted hereunder, shall be made to the Department whose decisions shall be binding upon such custodians. The denial under this section of a request to disclose information or to permit the inspection or copying of vital records may be appealed to the Department. The Department’s decision is final and binding.
(f) When (1) A record under this section becomes public as follows:
a. For a certificate of birth, 72 years have elapsed after the date of birth, birth.
b. For a certificate of death, 40 years have elapsed after the date of death, or death.
c. For a marriage certificate, 50 years have elapsed after the date of marriage, the marriage.
(2) When records of these events shall become public records and under paragraph (f)(1) of this section, the Office of Vital Statistics shall make the information shall be made available in accordance with regulations which shall that provide for the continued safekeeping of the records.
§ 3121. Registration of births.
(a) A certificate of birth for each live birth which (certificate) that occurs in this State shall must be filed with the Office of Vital Statistics, or as otherwise directed by the State Registrar, within 10 days after such birth and shall the birth. A certificate must be registered if it has been completed and filed in accordance with under this section.
(b) (1) When a birth occurs in an institution a health-care facility or en route thereto, to a health-care facility, the person individual in charge of the institution health-care facility, or the person’s that individual’s designated representative representative, shall obtain the personal data, prepare the certificate, secure the signatures required, and file the certificate as directed in under subsection (a) of this section or as otherwise directed by the State Registrar within the required 10 days. section.
(2) The physician or other person individual in attendance shall provide the medical information required by the certificate and certify to the facts of birth within 72 hours after the birth. If the physician, or other person individual in attendance, does not certify to the facts of birth within the 72-hour period, the person in charge of the institution individual under paragraph (b)(1) of this section shall complete and sign the certificate.
(c) When a child is born to an unmarried woman in an institution, a health-care facility, the person individual responsible for completing the birth certificate, or the person’s designated representative, certificate shall do all of the following:
(f) When a birth occurs outside an institution, a health-care facility, the certificate shall must note whether such a if the birth was preplanned to occur outside of an institution, a health-care facility, the type of license held by any midwife in attendance, and the certificate shall must be prepared and filed by 1 of the following in the indicated order of priority:
(1) The physician in attendance at or immediately after the birth, or in the absence of such a person. birth.
(2) The midwife in attendance at or immediately after the birth, or in the absence of such a person. birth.
(3) Any other person in attendance at or immediately after the birth, or in the absence of such a person. birth.
(4) The father, the mother, or, in the absence of the father and the inability of the mother, the State Registrar or a duly authorized representative.
(i) Either of the parents of the child, child’s parents, or other informant, shall attest to the accuracy of the personal data entered on the certificate in time to permit the filing of file the certificate within the 10 days prescribed in required under subsection (a) this section.
(j) The time within which To complete a certificate, a supplementary report furnishing that provides the information omitted from the original certificate may must be returned for the purpose of completing the certificate shall not be filed with the Office of Vital Statistics no more than 6 months from after the date of birth. Certificates of birth completed by a supplementary report shall are not be considered delayed or altered.
§ 3125. Registration of marriage.
(a) A record of each marriage performed in this State shall be filed with the Office of Vital Statistics and shall be registered if it has been completed and filed in accordance with this section. (1) The officiant who performs the marriage ceremony (officiant) shall complete the form of certification on all 3 pages of the marriage license.
(2) As required under § 117 and § 118 of Title 13, if the officiant is not the clerk of the peace, the officiant shall file 1 page of the long-form marriage certificate with the issuing clerk of the peace no more than 15 days after the ceremony.
(b) The official who issues the marriage license shall prepare the record on the form prescribed and furnished by the State Registrar upon the basis of information obtained from the parties to be married. The clerk of the peace in the county where the marriage license was issued shall submit 1 page of the long-form marriage certificate and the application background information under § 3108(e) of this title to the Office of Vital Statistics no more than 5 days after either of the following:
(1) Performing the marriage.
(2) Receiving the long-form marriage certificate under paragraph (a)(2) of this section.
(c) The person who performs the marriage ceremony shall certify the fact of marriage and, within 5 days following the day on which the marriage was solemnized, file the marriage license/certificate with 1 of the 3 vital statistics offices in this State. [Repealed.]
§ 3126. Registration of adoptions; duty of clerk of court; old and new birth certificates.
(a) Upon the issuance of a final decree of adoption or of an order certifying the validity of a foreign adoption, the clerk of the court in which the decree of adoption was made, or filed in the case of a foreign adoption under § 927 of Title 13, shall immediately file in the office of the State Registrar, on forms provided by the State Registrar for this purpose, a report setting forth with the information required by under § 921 of Title 13, together with a certified copy of the final decree of adoption.
(b) Upon receipt of the information, the State Registrar shall remove from the files do all of the following:
(1) If applicable, remove the original certificate of birth and, after proper identification, shall place it and maintain the original certificate of birth in a confidential file. The State Registrar shall file a new file, subject to disclosure only under § 3110 of this title.
(2) Issue an amended certificate setting forth of birth under § 3131 of this title that includes the adopted name and sex of the child, together with the names of the adopting parents and adoptive parents, the actual child’s birth date date, and birthplace of the child. Certificates may be issued in accordance with § 3110 of this title.
(c) The State Registrar shall file a new certificate of birth for any child born in Delaware who is legally adopted in another state upon receipt of a certified or exemplified copy of the court order of adoption from the clerk of the court of such other state, that state and shall issue a an amended certificate as provided under § 3110 of this title. of birth under subsection (b) of this section.
§ 3130. Certificates as evidence .
Certificates filed within 6 months after the time prescribed therefor shall be prima facie evidence of the facts therein stated. Data therein pertaining to the father of the child are prima facie evidence only if the alleged father is the husband of the mother. The data pertaining to the father of the child are not evidence in any proceeding adverse to the interests of the alleged father or of his heirs, next-of-kin, devisees, legatees or other successors in interest if the father is not the husband of the mother and the paternity is not acknowledged. [Repealed.]
§ 3131. Delayed or amended certificates; procedures; evidence.
(a) A person (1) An individual born in this State may file or amend a certificate of birth after the time prescribed by this chapter upon date required under § 3121 of this title by submitting such the evidence relative to the circumstances surrounding the birth as may be required by the State Registrar.
(2) In the case of a correction to the birth record of an American Indian, the substantiating documentary proof may include, but shall not be limited to, include an affidavit satisfactory to the State Registrar or any local registrar and signed by the chief of the tribe tribe, stating that according to tribal records records, the person individual whose certificate is to be amended is a member of the tribe of the chief whose signature appears on the affidavit.
(b) Any certificate in the custody of the State Register upon which the information thereon is charged to be in error may be corrected or amended upon submitting such (1) The State Registrar may correct or amend any certificate under this chapter on submission of the proof of error as may be required by the State Registrar.
(2) The State Registrar shall furnish a certificate corrected or amended under this section on payment of the fee required under § 3132 of this title.
(3) If a document required under this section is in a language other than English, a certified English translation must also be submitted.
(c) Certificates accepted subsequent to 6 months after the time prescribed in this chapter for filing or certificates which have been amended after being filed with the State Registrar shall contain the date of the delayed filing or the date of amendment and shall be marked “delayed” or “amended,” respectively. [Repealed.]
(d) A summary statement of the evidence submitted in support of the acceptance for delayed filing or amendment shall be endorsed on the certificate. [Repealed.]
(f) The probative value of a delayed or amended certificate shall be determined by the judicial or administrative body or official before whom the certificate is offered for evidence. [Repealed.]
§ 3132. Fee for issuance of certificates and searches.
(a) (1) The State Registrar shall receive a fee Office of Vital Statistics may charge a fee, that does not to exceed $25 $25, for each of the following:
a. A certified or noncertified copy of a certificate or record, or for a record.
b. A search of the files or records when no copy is made, or for a made.
c. A copy or information provided for research, statistical statistical, or administrative purposes. The
(2) A fee shall be established by the State Board to under paragraph (a)(1) of this section must reflect the costs of doing such the work.
(b) (1) The fee charged for each certified copy of a marriage license/certificate shall be $25, except that upon production of a valid military identification card , active certificate is $25 and must be collected by the office that issues the certified copy.
(2) Active members of the military and their spouses shall be are exempt from paying such fee. This fee shall be collected by the Bureau of Vital Statistics or the Clerk of the Peace, whichever agency issues the certified copy. the fee under paragraph (b)(1) of this section on production of a valid military identification card.
(3) Fifteen dollars from each fee collected under paragraph (b)(1) of this section must be deposited into the Domestic Violence Fund administered by the Criminal Justice Council under § 8704(10) of Title 11. The Criminal Justice Council may use 5% of the annual revenue collected under this paragraph (b)(3) for administrative costs.
Each Clerk of the Peace and the Bureau of Vital Statistics shall file a semi-annual report of the fees collected with the Department of Revenue and shall deposit $15 from each fee for a certified marriage into the Domestic Violence Fund, to be administered by the Criminal Justice Council. The Criminal Justice Council shall receive 5% of the annual revenues generated by the fee for administrative costs.
Section 8. Amend Chapter 1, Title 13 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 106. Individuals authorized to solemnize perform marriages; requirements to solemnize perform marriage; penalty.
(a)(1) For purposes of this subsection, paragraph (a)(2)f. of this section, “chief executive officer” means the mayor of an incorporated municipality. If an incorporated municipality does not have a mayor, then “chief executive officer” means the president of the legislative body of the incorporated municipality. If an incorporated municipality does not have a mayor or a president of the legislative body, then “chief executive officer” means the presiding officer of the legislative body of the incorporated municipality.
(2) The Any of the following individuals over 18 years of age are officiants who may solemnize perform a marriage between individuals who may lawfully enter into the matrimonial relation: with a valid marriage license:
(4) a. Marriages shall be solemnized must be performed in the presence of at least 2 reputable witnesses who are at least 18 years of age and who shall age. Both witnesses must sign the certificate of marriage as prescribed by this chapter. license.
Marriages may be solemnized or contracted according to the forms and usages of any religious society or in an entirely secular manner. No marriage shall
b. A marriage may not be solemnized solemnized, performed, or contracted without the production of a license issued pursuant to under this chapter. Marriages chapter, but may be solemnized solemnized, performed or contracted according to the forms and usages of any religious society or in an entirely secular manner.
c. Under § 3108(f)(2) of Title 16, a marriage license issued under this chapter becomes a long-form marriage certificate after the form of certification that the ceremony was performed is signed by the officiant and the 2 witnesses.
§ 113. Supplies of marriage licenses, books marriage certificates, books and other forms; form.
(a) Marriage licenses, and other forms and books used in connection with the issuance of marriage licenses shall be furnished by the Department of Health and Social Services on request of the clerks of the peace.
(1) Under Chapter 31 of Title 16, the Department of Health and Social Services shall create the form of a marriage license application, marriage license, books, dockets, records, and any other forms necessary for the issuance of marriage licenses and to properly record marriages.
(2) On request of a clerk of the peace, the Department of Health and Social Services shall provide the documents under paragraph (a)(1) of this section.
(c) Superintendents of asylums for the insane shall supply certificates in whatever form they see fit to such persons as they believe should receive them under this chapter. [Repealed].
(e) Marriage licenses, books and forms shall be as prescribed by the Department of Health and Social Services or in this chapter. Each page of the Marriage Record Books for the use of clerks of the peace shall be numbered serially before delivery to the clerks of the peace. [Repealed].
§ 114. Retention of marriage license certificate by celebrant. officiant.
The person performing individual who officiated the marriage ceremony shall retain the original or a copy officiant’s page of the long-form marriage license, as the Department of Health and Social Services shall direct, for not less than 1 year after the ceremony. certificate for a minimum of 1 year following the ceremony.
§ 115. Forms for marriage license; certificates of marriage.
(a) The Department of Health and Social Services shall prescribe a marriage license form which shall be issued by the several clerks of the peace and such other forms, books, dockets and records as may be necessary to properly record marriages and the issuance of marriage licenses. The marriage license shall contain language authorizing any minister of the gospel or other person authorized by the law of the State to solemnize marriage and shall show: The earliest and latest time the marriage may be performed pursuant to the license, the place of issuance of the license, the names of the parties, the signature of the issuing authority and such other wording as the Department of Health and Social Services may prescribe. The license shall also contain a form of certification by the person performing the ceremony that the ceremony was performed and the date and time of the ceremony. The marriage license form created by the Department of Health and Social Services under § 3108(f) of Title 16 has 3 identical pages. After the form of certification is completed, 1 page of the long-form marriage certificate is for each of the following:
(1) The parties to the marriage.
(3) The clerk of the peace to provide to the Office of Vital Statistics.
(b) The Department of Health and Social Services shall furnish to all persons authorized by law to solemnize marriages a suitable form for evidencing the marriage and the date and the place thereof, which form After performing the marriage, the officiant shall be completed and delivered obtain the necessary signatures to complete the form of certification on all 3 pages of the marriage license and provide 1 page to the parties to the marriage, without charge to the bride by the celebrant charge, immediately after the ceremony. Such form may, but need not, be the original or a copy of the marriage license.
§ 117. Forms to be sent to clerk of the peace; duties of the clerk. a clerk of the peace.
(a) The person performing the marriage shall, within 4 days after the ceremony, return As required under § 3125(a) of Title 16, if the officiant is not the clerk of the peace, the officiant shall submit 1 page of the long-form marriage certificate to the issuing clerk of the peace such forms and papers as the Department of Health and Social Services may prescribe. peace.
(b) The clerk of the peace After receipt or completion of the long-form marriage certificate under subsection (a) of this section, the clerk of the peace shall immediately enter in the Marriage Record Book, as prescribed by the Department of Health and Social Services, do all of the following:
(1) Record the date of the marriage and the name of the person performing the ceremony. officiant in the manner required by the Department of Health and Social Services.
(2) Submit the long-form marriage certificate and the application background information to the Office of Vital Statistics, as required under § 3125(b) of Title 16.
§ 118. Failure to return certificate of marriage certificate to clerk of the peace for recording; penalty.
(a) Any person officiating a marriage in this State An officiant who fails to return the certificate of long-form marriage certificate to the issuing clerk of the peace for recording within 15 days of the marriage ceremony shall must be assessed a civil penalty of a $50 late fee by the issuing clerk of the peace.
(b) Any person with If an individual has an unpaid civil penalty assessed by a clerk of the peace under subsection (a) of this section, the clerk of the peace shall have suspend that person’s individual’s authorization to solemnize perform marriages in the this State suspended until such the penalty is paid in full.
§ 122. Marriage license application.
(a) The completed marriage license application shall be in the form prescribed and provided by the Department of Health and Social Services and shall must be permanently preserved by the issuing officer clerk of the peace in the manner as prescribed required by the Department of Health and Social Services. The marriage license application shall include the following information and such other information as prescribed by the Department of Health and Social Services: date of application, full name, sex, Social Security number, birth date and occupation of applicants, names and addresses of parents of applicants, date and place of previous marriages, civil unions, domestic partnerships or other substantially similar legal unions, and termination of previous marriages, civil unions, domestic partnerships or other substantially similar legal unions, and time of application.
(b) The marriage license application shall must contain a certification signed by each applicant that each of all of the following:
(1) The information the applicant provided in the application is true and accurate.
(2) The applicant is not of a prohibited degree of relationship. relationship under § 101(a) of this title.
(c) The applicants and issuing officer clerk of the peace shall sign the marriage license application and the issuing officer shall certify as follows:
“I believe neither party is now under the influence of intoxicating liquor nor or a narcotic drug. I have demanded and examined such papers as are the records required by law and I am satisfied that they are properly executed. because I know of no legal impediment to the proposed marriage of the above applicants.” these applicants, the parties are eligible to be married.”
The application shall also contain an appropriate affidavit form to be signed by persons certifying that an applicant is a resident of the State, if such certification is required.
Section 9. Amend § 101, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
For the purposes of this title, unless the context otherwise clearly indicates: title:
(18) “Division” or “DMV” means the Department’s Division of Motor Vehicles.
(33) “License” means any license, temporary instruction permit permit, or temporary license issued under the laws of this State pertaining to the licensing of persons to operate motor vehicles.
Section 10. Amend § 2711, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating as follows:
§ 2711. Application for license.
(b) Every application for an operator’s license shall state the name, social security number, if eligible, include all of the following information:
(1) The applicant’s full name, residential address, sex, and date of birth, sex and residence address of the applicant and whether or not birth.
(2) The applicant’s Social Security number, if the applicant has a Social Security number.
(3)a. If the applicant has previously been licensed as an operator, and, if so, when and by what state and whether or not such state.
b. If a license under paragraph (b)(3)a. of this section has ever been suspended or revoked and, if so, the date of and reason for such the suspension or revocation.
(c) Regardless of the age of the applicant, the Division shall require documentary evidence evidence, that is satisfactory to the Division Division, of the applicant’s name, date of birth, information under paragraphs (b)(1) through (b)(2) of this section and the applicant’s legal presence in the United States, Social Security number (if eligible), sex, and Delaware residence address. States.
Section 11. Amend § 3102, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 3102. Application.
(b) Every application for an identification card shall state the name, Social Security number, if eligible, except as otherwise provided in § 2711 of this title, date of birth, sex and residence address of the applicant and whether or not include all of the following information:
(1) The applicant’s full name, residential address, sex, and date of birth.
(2) The applicant’s Social Security number, if the applicant has a Social Security number.
(3) If the applicant is licensed by the this State to operate a motor vehicle.
Section 12. Amend § 305, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 305. Privacy act governing the release of motor vehicle driving history and license records.
(d) Court approval for release of information. — (1) Persons or agencies other than those named in subsections (b) and (c) of this section shall be are prohibited from acquiring any information pertaining to an individual’s address, telephone number, vehicle title, vehicle registration, driver license license, and driver performance that is in the possession of the Division of Motor Vehicles except in the following case: as follows:
a. Any individual who can show that there is a lawful need for the prohibited information and that the information cannot be reasonably acquired through any alternate means may present such evidence to the administrative hearing officer of the Division of Motor Vehicles. Upon consideration of the evidence presented, the administrative hearing officer may then then, in the administrative hearing officer’s discretion discretion, provide an order for the release of part or all of the requested information from the Division of Motor Vehicles to the requesting individual.
In this instance, b. If the administrative hearing officer issues an order under paragraph (d)(1)a. of this section, the Division shall send by United States mail notification to any individuals identified in subsection (c) of this section whose information has been requested that the administrative hearing officer has ordered the release of such information and that such information will be furnished to the requesting party. Upon denial of the request, the individual may file a de novo appeal to the Justice of the Peace Courts. Upon receipt of the application fee of $10 from the individual, the Justice of the Peace Court, in its discretion, may order the release of part or all of the requested information by the DMV to the requesting individual. The Division shall notify the individuals by United States mail if the Justice of the Peace Court orders release of part or all of the requested information.
(e) Disclosure with consent. — Personal information or gender change information may be disclosed to any person requesting such that information if such the person demonstrates, in such form and manner as the Department prescribes, that the person has obtained a notarized, written consent from the person whose information is protected. Such consent Consent must be provided each time personal information or gender change information is released. Each The Division shall retain each written consent form shall be retained by the Division in electronically digitized, microfilm microfilm, or paper format for a minimum period of 5 years.
Section 13. This Act is effective immediately and must be implemented no later than 1 year after [the effective date of this Act] or earlier as follows:
(1) Notice by the Secretary of the Department of Health and Social Services published in the Register of Regulations that the final regulations, forms, and computer software changes necessary to implement Section 1, Section 2, Section 7, and Section 8 of this Act are completed.
(2) Notice by the Secretary of the Department of Transportation published in the Register of Regulations that final regulations implementing Section 3 through Section 6 of this Act have been promulgated.
SYNOPSIS
This Act updates and modernizes Delaware law regarding birth certificates, death certificates, driver’s licenses, identification cards, and marriage license applications, licenses, and certificates (government documents) as follows:
• Establishes uniform gender designations.
• Provides uniform requirements when an individual seeks to change their gender designation.
• Protects the privacy of records related to a change of an individual’s gender designation.
• Revises existing law regarding marriage licenses and certificates to reflect current practices and to clarify current procedures.
Under existing law, people can change their gender designation on these government documents. However, only the Office of Vital Statistics (OVS) can amend marriage certificates and the requirements to change gender on these government documents are only in regulations. These existing regulations require certification from a medical or social service provider certifying the individual’s true gender identity and do not explicitly keep the original documents and information submitted in support of the change confidential.
Specifically, this Act does all of the following in Sections 1 through Section 6 of this Act:
• Establishes, for these government documents, that “sex” or “gender” may be designated by “F” for female, “M” for male, or “X” for unspecified. Unspecified designates a gender identity that is not female or male.
• Allows an individual to change their gender designation without a court order or certification from a medical or other service provider.
• Allows a parent to amend the parent’s gender designation and name on their child’s birth certificate.
• Creates procedures so that people can amend marriage certificates through either OVS or the county clerk of the peace that issued the marriage license. These procedures require that OVS and the clerk of the peace share the amended certificate with the other office, using the existing electronic records system.
• None of the documents or records under this Act are public records. This Act adds strengthened protections that prohibits the release of a request to change gender, and previous versions of the amended government document, unless the following specific requirements are met:
For birth certificates and marriage certificates, information related to the change of gender and the previous birth certificate may only be released if the request meets the requirements for the release of records of healthcare services under § 3928 of Title 10 and § 611 of Title 29. Section 3928 of Title 10 prohibits a court from ordering the release of records related to healthcare services requested by another state related to a criminal violation of a law if the healthcare services are legal in Delaware. In addition, § 611 of Title 29 prohibits a state or local government agency from releasing information in response to inquiries concerning the lawfulness of healthcare services that is related to healthcare services that are lawful in this State.
For driver’s licenses and identification cards, information related to the change of gender, including previous photos and names on these documents, may only be released if the request is for a permissible use of personal information. In addition, if the request is from another state, there must be a demonstrated legitimate public safety need for the information that would be necessary to obtain a valid court order in Delaware. Before releasing gender change information to a person in another state, the individual making the request must provide a signed affidavit acknowledging their responsibility to protect this information and agreement that the information will only be used for the legitimate public safety need that is the basis for the request.
In addition, Sections 7 through Section 12 of this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and updates existing law to conform to modern procedures as follows:
• Revises Chapter 1 of Title 13 and Chapter 31 of Title 16 to eliminate duplicative and conflicting provisions.
• Transfers the requirements for the information required in a marriage license application from Title 13 to Title 16, because under existing law in Title 16, OVS is responsible for creating all forms related to marriage.
• Creates separate terms for marriage license applications, marriage licenses, marriage certificates, and the background information provided at the time of the application for a marriage license. It clarifies that a marriage license becomes a marriage certificate when the officiant and both witnesses sign the form after the marriage is performed. These changes are necessary because existing law uses the term “marriage license” when referring to both the license required to get married and the certificate documenting that the marriage was performed.
• Clarifies that only individuals with authority under Title 12 may obtain a certified copy of death certificate from OVS.
• Align the existing privacy protections under § 305 of Title 21 with the strengthened protection in Section 6 of this Act.
This Act is effective immediately but has a delayed implementation date for all of the following:
• The Department of Health and Social Services (DHSS) and the Department of Transportation (DelDOT) to adopt the necessary regulations and forms.
• DelDOT, DHSS, and the clerks of the peace to make necessary changes to computer systems.
