Applicants for civil union; license required; limitations; violations by clerk of the peace; penalties.
Del. Code tit. 13, § 206
in effect(a) No persons may be joined in a civil union in this State unless both parties to such civil union:
(1) Meet the requirements of § 202 of this title;
(2) Have complied with § 207 of this title; and
(3) Have been issued a license by a clerk of the peace at least 24 hours prior to the time of the ceremony.
(b) The Department of Health and Social Services shall prescribe a civil union license form.
(c) The several clerks of the peace of the various counties or their deputies, shall issue all civil union licenses and shall sign them and affix the county seal thereto. A civil union license, when issued by the clerk of the peace, is sufficient authority for any person authorized to perform a civil union solemnization in this State to join the parties in a civil union. A civil union license issued pursuant to this chapter shall entitle the parties thereto, subject to the other provisions of this chapter, to enter into a civil union within 30 days from the date of issuance. In the event the civil union is not solemnized within 30 days of the issuance of said license, said license shall be void and the parties must reapply to the appropriate issuing officer for another license to enter into a civil union. The procedure to secure another license shall be the same as that provided for the initial application.
(d) The clerk of the peace in each county for good cause being shown may:
(1) Shorten the time period specified in paragraph (a)(3) of this section; or
(2) Lengthen the time period specified in subsection (c) of this section not to exceed 180 days.
(e) No civil union license shall be issued by a clerk of the peace when either of the parties applying for a civil union license, at the time of making the application, is under the influence of intoxicating liquor or a narcotic drug or if papers that are required by this chapter are not delivered or if the issuing officer believes there is any legal impediment, as defined in this chapter, to the civil union of such parties.
(f) The number on the civil union license shall be filled in by the issuing clerk of the peace, unless it has been previously affixed and shall be the same number as that appearing on the application for such license. All blanks provided on the civil union license shall be filled in by the issuing clerk of the peace. The issuing clerk of the peace shall immediately note the issuance of a civil union license in the appropriate books prescribed by the Department of Health and Social Services.
(g) Any clerk of the peace or deputy of such who knowingly or wilfully acts in violation of this chapter shall be fined $100, and in default of payment of such fine, shall be imprisoned not more than 30 days. The Superior Court shall have exclusive original jurisdiction over all proceedings for violations of this section.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title13/c002/index.htmlFetched: 10/4/2026