Registration of Births, Deaths, Marriages, Divorces, Annulments and Adoptions

Del. Code tit. 16, ch. 31

in effect

Del. Code tit. 16, § 3101 Definitions [For application of this section, see 84 Del. Laws, c. 261, § 16] [Effective until Dec. 6, 2026].

For purposes of this chapter: (1) “Dead body” means a lifeless human body or such parts of such human body from the condition of which it reasonably may be concluded that death recently occurred. (2) “Department” means the Department of Health and Social Services. (3) “File” means the presentation of a vital record provided for in this chapter for registration by the Office of Vital Statistics. (4) “Final remains” means the body of a deceased individual, including what results following cremation or natural organic reduction. (5) “Induced termination of pregnancy” means the purposeful interruption of an intrauterine pregnancy with the intention other than to produce a live-born infant or to remove a dead fetus and which does not result in a live birth. This definition excludes management of prolonged retention of products of conception following fetal death. (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. (7) “Live birth” means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which after expulsion or extraction breathes or shows any other evidence of life such as beating of the heart, pulsations of the umbilical cord or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. Heartbeats are to be distinguished from transient cardiac contractions; respirations are to be distinguished from fleeting respiratory efforts or gasps. (8) “Natural organic reduction” means the contained, accelerated conversion of human remains to soil. (9) “Natural organic reduction facility” means a structure, room, or other space in a building or a real property where natural organic reduction of a human body occurs. (10) “Physician” means a person authorized or licensed to practice medicine or osteopathy pursuant to the laws of this State. (11) “Registration” means the acceptance by the Office of Vital Statistics and the incorporation of vital records provided for in this chapter into its official records. (12) “Spontaneous fetal death” or “stillborn fetus” is defined as a spontaneous death (i.e., not an induced termination of pregnancy) prior to the complete expulsion or extraction from its mother of a product of conception. The death is indicated by the fact that after such separation, the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles. Heartbeats are to be distinguished from transient cardiac contractions; respirations are to be distinguished from fleeting respiratory efforts or gasps. (13) “Stillbirth” means any complete expulsion or extraction from its mother of a product of human conception that weighs 350 grams or more, or in the absence of weight, of 20 completed weeks gestation or more, resulting in other than a live birth and which is not an induced termination of pregnancy. (14) “System of vital statistics” means the registration, collection, preservation, amendment and certification of vital records; the collection of other reports required by this chapter; and activities related thereto including the tabulation, analysis and publication of vital statistics. (15) “Vital records” means certificates or reports of birth, death, marriage, divorce or annulment, and data related thereto. (16) “Vital statistics” means the data derived from certificates and reports of birth, death, spontaneous fetal death, marriage, divorce or annulments, and related reports.

Del. Code tit. 16, § 3102 Supervision and enforcement of registrations.

(a) The Department has charge of the registration of births, deaths, marriages, divorces and fetal deaths and shall prepare the necessary methods, forms and blanks for obtaining and preserving such records and insuring the faithful registration of the same throughout this State and in the central Office of Vital Statistics. (b) The Department is charged with the uniform and thorough enforcement of this chapter throughout the State and shall from time to time promulgate any additional forms and regulations that are necessary for this purpose.

Del. Code tit. 16, § 3103 Regulations of Department; adoption and enforcement.

The Department may adopt, promulgate, amend and repeal such regulations as may be consistent with law relative to this chapter, including regulations governing the conditions under which the bodies of persons dying 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.

Del. Code tit. 16, § 3104 Central Office of Vital Statistics.

(a) There is hereby established within the Division of Public Health an Office of Vital Statistics which shall install, maintain and operate the only system of vital statistics throughout this State. (b) The Office of Vital Statistics shall have branch offices in each county. The Department shall designate 1 such branch as the central Office of Vital Statistics, and this branch shall be responsible for the supervision of the operation of the other vital statistics offices throughout this State.

Del. Code tit. 16, § 3105 State Registrar of Vital Statistics; duties [Effective until Dec. 6, 2026].

(a) The Director of the Division of Public Health of the Department of Health and Social Services shall be the State Registrar and shall: (1) Direct and supervise the system of vital statistics and the Office of Vital Statistics and be custodian of its records. (2) Direct, supervise and control the activities of all persons when they 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 State in matters pertaining to the system of vital statistics. (4) Prescribe, with the approval of the Department, furnish and distribute such forms as are required by this chapter and the rules and regulations issued hereunder, or prescribe such other means for transmission of data as will accomplish the purpose of complete and accurate reporting and registration. (5) Prepare and publish reports of vital statistics of this State and such other reports as the Registrar may deem necessary. (b) The Delaware Health Statistics Center within the Division of Public Health shall have responsibility for the statistical analysis of vital statistics data and shall prepare and publish vital statistics reports of this State. The State Registrar may establish or designate other offices in the State to aid in the efficient administration of the system of vital statistics. (c) The central office and each branch office of the Office of Vital Statistics shall offer voluntary paternity acknowledgment services, as described in § 3121(c) and (d) of this title, to the mother and putative father of a child born to unmarried parents. (d) The State Registrar may delegate such functions and duties vested in the Registrar to employees of the Office of Vital Statistics and to employees of any office established or designated under subsection (b) of this section.

Del. Code tit. 16, § 3106 Employment of personnel and acquisition of equipment.

The Division of Public Health shall provide the Office of Vital Statistics with sufficient staff, suitable offices and other resources for the proper administration of the system of vital statistics and for the preservation of its official records.

Del. Code tit. 16, § 3107 Reproduction of vital records; official seal for certification.

(a) To preserve vital records, the State Registrar is authorized to prepare typewritten, photographic, 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. (b) The Department shall adopt an official seal for purposes of certification. Every certificate or other official paper executed by the State Registrar, in pursuance of 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, with the same force and effect as the original would, in law, be entitled to if produced in open court.

Del. Code tit. 16, § 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 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. (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. (c) All vital records shall contain the date received for registration. (d) Information required in certificates or reports authorized by this chapter may be filed and registered by photographic, electronic or other means as prescribed by the State Registrar.

Del. Code tit. 16, § 3109 Completion of certificates and reports.

(a) Those individuals and/or institutions responsible for completion of certificates or reports according to this chapter or regulations adopted hereunder shall complete all items on the forms provided by the State Registrar. The State Registrar shall carefully examine the certificates and reports received in the Office of Vital Statistics, and if they are incomplete or unsatisfactory, shall require such further information as may be necessary to make the record complete and satisfactory. (b) No claim or cause of action shall arise and no judgment, damages, penalties, costs or other money entitlement shall be awarded against an individual or institution that furnishes vital statistics in accordance with this chapter.

Del. Code tit. 16, § 3110 Disclosure of records.

(a) To protect the integrity of vital records, to ensure their proper use 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 confidential matter and shall not be open to inspection, except as authorized by 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. (b) The State Registrar shall upon receipt of an application issue a certified copy of a vital record in the Registrar’s 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 receipt of an application, issue a noncertified copy of a vital record, including an original birth certificate, to a registrant who is an adoptee 21 years of age or older. Others may be authorized to obtain certified copies when they demonstrate that the record is needed for the determination or protection of their 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. (c) The Department may authorize by regulation the disclosure of information contained on vital records for research purposes. (d) Subject to the provisions of this section, the State Registrar may, by agreement, transmit copies of records and other reports required by this chapter to the federal agency responsible for national vital statistics and other offices of vital statistics outside this State when such records or other reports relate to residents of those jurisdictions or persons born in those jurisdictions. The agreement shall require that the copies be used for statistical and/or administrative purposes only and the agreement shall further provide for the retention and disposition of such copies. Copies received by the Office of Vital Statistics from offices of vital statistics in other states shall be handled in the same manner as prescribed in 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. (f) When 72 years have elapsed after the date of birth, 40 years have elapsed after the date of death, or 50 years have elapsed after the date of marriage, the records of these events shall become public records and information shall be made available in accordance with regulations which shall provide for the continued safekeeping of the records. (g) The State Registrar of Vital Statistics shall submit a monthly report of all births to women under 18 years of age to the Division of Child Support Services of the Department of Health and Social Services, and to the Division of Family Services of the Department of Services for Children, Youth and Their Families for informational, investigative and/or child support purposes. The monthly report shall include the name, address, date of birth and Social Security number of the parents, if available, the date of birth and sex of the child. (h) The State Registrar of Vital Statistics shall create a certificate of birth resulting in stillbirth and shall issue such certificates as provided for in § 3121A of this title.

Del. Code tit. 16, § 3111 Penalties.

(a) A fine of not more than $10,000, or imprisonment of not more than 5 years, or both, shall be imposed on: (1) Any individual who wilfully and knowingly makes any false statement in a certificate, record or report required by this chapter, or in an application for an amendment thereof, or in an application for a certified copy of a vital record, or who wilfully and knowingly supplies false information intending that such information be used in the preparation of any such report, record or certificate, or amendment thereof; or (2) Any individual who without lawful authority and with the intent to deceive, makes, counterfeits, alters, amends or mutilates any certificate, record or report required by this chapter or a certified copy of such certificate, record or report; or (3) Any individual who wilfully and knowingly obtains, possesses, uses, sells, furnishes or attempts to obtain, possess, use, sell or furnish to another, for any purpose of deception, any certificate, record or report required by this chapter or certified copy thereof so made, counterfeited, altered, amended or mutilated, or which is false in whole or in part or which relates to the birth of another person, whether living or deceased; or (4) Any employee of the State who wilfully and knowingly furnishes or processes a certificate, or certified copy of a certificate, with the knowledge or intention that it be used for the purposes of deception; or (5) Any individual who without lawful authority possesses any certificate, record or report, required by this chapter or a copy or certified copy of such certificate, record or report knowing same to have been stolen or otherwise unlawfully obtained. (b) A fine of not more than $1,000, or imprisonment of not more than 1 year, or both, shall be imposed on: (1) Any individual who wilfully and knowingly refuses to provide information required by this chapter or regulations adopted hereunder; or (2) Any individual who wilfully and knowingly transports or accepts for transportation, interment or other disposition a dead body without an accompanying permit as provided in this chapter or regulations adopted hereunder; or (3) Any individual who wilfully and knowingly neglects or violates any of the provisions of this chapter or regulations adopted hereunder or refuses to perform any of the duties imposed upon the individual by this chapter or regulations adopted hereunder.

Del. Code tit. 16, § 3112 Immunity.

No employee of the Office of Vital Statistics or other state offices established or designated under § 3105(b) of this title shall be subject to, and such persons shall be immune from any claim, suit, liability or damages or any other recourse, civil or criminal, arising from any act or proceedings, decision or determination undertaken or performed while discharging any duty or authority under this chapter, so long as such person acted in good faith, without gross negligence, and within the scope of the person’s own duty or authority under this chapter or any other provisions of the Delaware law, federal law or regulations or duly adopted rules and regulations providing for the administration of this chapter, good faith being presumed until proven otherwise, with gross negligence required to be shown by the complainant.

Del. Code tit. 16, § 3121 Registration of births [Effective until Dec. 6, 2026].

(a) A certificate of birth for each live birth which occurs in this State shall be filed with the Office of Vital Statistics, or as otherwise directed by the State Registrar, within 10 days after such birth and shall be registered if it has been completed and filed in accordance with this section. (b) When a birth occurs in an institution or en route thereto, the person in charge of the institution or the person’s designated representative shall obtain the personal data, prepare the certificate, secure the signatures required, and file the certificate as directed in subsection (a) of this section or as otherwise directed by the State Registrar within the required 10 days. The physician or other person 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 in attendance, does not certify to the facts of birth within the 72-hour period, the person in charge of the institution shall complete and sign the certificate. (c) When a child is born to an unmarried woman in an institution, the person responsible for completing the birth certificate, or the person’s designated representative, shall do all of the following: (1) Provide written information prepared by the Division of Child Support Services to the mother and the putative father, if he is present, explaining the rights and responsibilities of acknowledging paternity. (2) Provide the mother and the putative father the opportunity to sign an acknowledgment of paternity as described in subsection (d) of this section and provide notary public services for this purpose. (3) Provide the mother and the putative father with a copy of the signed and notarized acknowledgment. (4) File the signed and notarized acknowledgment with the Office of Vital Statistics within 10 days after execution. The Office of Vital Statistics shall send a copy of the acknowledgment to the Division of Child Support Services within 7 days after it receives the acknowledgment. (d) The acknowledgment provided for in subsection (c) of this section shall contain all of the following: (1) The mother’s address and Social Security number, her statement that the putative father is the only possible father and her consent to the acknowledgment of paternity. (2) The putative father’s address and Social Security number and his statement that he is the biological father of the child. (3) Subject to the provisions of subchapter III of Chapter 8 of Title 13, their acknowledgment of a right to blood, tissue or other genetic testing to determine paternity or nonpaternity and of the right to otherwise dispute paternity in any civil or criminal action in which the paternity of the child by the putative father is an element of the claim for relief or a defense. (4) A statement of the presumptive effect of the acknowledgment of paternity under § 8-305 of Title 13. (5) A statement of the rights and responsibilities of acknowledging paternity, including that the acknowledgment of paternity establishes the duty of both parties to support the child, is the basis for the entry of a child support order without further proceedings to establish paternity, may be the basis for the putative father establishing custody and visitation rights, establishes inheritance rights and may be the basis for requiring notice to the putative father prior to an adoption. (6) Instructions for filing the acknowledgment with the Office of Vital Statistics. (7) The acknowledgment of both the putative father and the mother that they have been notified, orally and in writing of each of the items listed in paragraphs (d)(1) through (6) of this section before signing the acknowledgment of paternity. (e) Subsection (c) of this section does not apply when a child is born to an unmarried woman in an institution and the mother or putative father is a minor. The Office of Vital Statistics may not accept an acknowledgment of paternity as described in subsection (d) of this section if signed by a mother or putative father who is a minor. If the mother or putative father is a minor, paternity shall be determined in accordance with Chapter 8 of Title 13. (f) When a birth occurs outside an institution, the certificate shall note whether such a birth was preplanned to occur outside of an institution, the type of license held by any midwife in attendance, and the certificate shall 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. (2) The midwife in attendance at or immediately after the birth; or in the absence of such a person. (3) Any other person in attendance at or immediately after the birth, or in the absence of such a person. (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. (g) When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this State, the birth shall be registered in this State and the place where it is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the child is first removed from the conveyance in this State, the birth shall be registered in this State but the certificate shall show the actual place of birth insofar as can be determined. (h) (1) If the mother was married at the time of either conception or birth, or between conception and birth, the name of the husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by Family Court. (2) If the mother was not married at the time of either conception or birth or between conception and birth, the name of the father shall not be entered on the certificate without a court order from Family Court or an acknowledgment of paternity which is signed by both parents and their signatures notarized. (3) In any case in which paternity of a child is determined by Family Court, the name of the father and surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court. (4) If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate. (i) Either of the parents of the child, or other informant, shall attest to the accuracy of the personal data entered on the certificate in time to permit the filing of the certificate within 10 days prescribed in this section. (j) The time within which a supplementary report furnishing information omitted from the original certificate may be returned for the purpose of completing the certificate shall not be more than 6 months from the date of birth. Certificates of birth completed by a supplementary report shall not be considered delayed or altered.

Del. Code tit. 16, § 3121A Certificate of birth resulting in stillbirth.

(a) The State Registrar of Vital Statistics shall issue a certificate of birth resulting in stillbirth upon the request of and payment of a fee by either parent of the stillborn child or any other individual with a direct interest in such record under § 3110 of this title. (b) The certificate of birth resulting in stillbirth must contain all of the following: (1) The date of the stillbirth. (2) The place in which the stillbirth occurred. If the place of stillbirth is unknown, a certificate of birth resulting in stillbirth must record the location where such stillborn child was found as the place of stillbirth. If stillbirth occurs in a moving conveyance, the certificate of birth resulting in stillbirth must record the location where the stillborn child was first removed from such conveyance as the place of stillbirth. (3) Upon the request of and payment of a fee by a parent of the stillborn child or other individual with a direct interest in such record under § 3110 of this title, the State Registrar of Vital Statistics shall reissue a stillbirth certificate filed with the State Registrar before February 9, 2018, as a certificate of birth resulting in stillbirth.

Del. Code tit. 16, § 3122 Infants of unknown parentage; foundling registration.

(a) When the State assumes the custody of a live born infant of unknown parentage, an officer of the Department of Services for Children, Youth and Their Families shall report on a form and in a manner prescribed by the State Registrar within 5 days to the Office of Vital Statistics the following information: (1) The date and place of finding; (2) Sex, race and approximate age of child; (3) Name and address of the person or institution with whom the child has been placed for care; (4) Name given to the child by the custodian of the child; (5) Other data required by the State Registrar. (b) The place where the child was found shall be known as the place of birth and the date of birth shall be determined by approximation. (c) The report shall constitute the certificate of birth. (d) If the child is identified and a regular certificate of birth is found or obtained, the report shall be sealed and filed in the Office of Vital Statistics and may be opened only by court order.

Del. Code tit. 16, § 3123 Registration of death [For application of this section, see 85 Del. Laws, c. 253, § 23] [Effective until fulfillment of the contingency in 85 Del. Laws, c. 459, § 4].

(a) A certificate of death for each death which occurs in this State shall be filed with the Office of Vital Statistics, or as otherwise directed by the State Registrar, within 3 days after death, or as soon as possible after a death under subsections (e) and (f) of this section, and prior to final disposition of the dead body, and shall be registered if it has been completed and filed in accordance with this section. (1) If the place of death is unknown but the dead body is found in this State, the certificate of death shall be completed and filed in accordance with this section. The place where the body is found shall be shown as the place of death. If the date of death is unknown, it may be determined by approximation. (2) When death occurs in a moving conveyance in the United States and the body is first removed from the conveyance in this State, the death shall be registered in this State and the place where it is first removed shall be considered the place of death. When a death occurs on a moving conveyance while in international waters or airspace or in a foreign country or its airspace and the body is first removed from the conveyance in this State, the death shall be registered in this State but the certificate shall show the actual place of death insofar as can be determined. (b) The funeral director who assumes custody of the dead body shall file the certificate of death with the Office of Vital Statistics unless an official death investigation is required. The funeral director shall obtain the personal data from the next-of-kin or best qualified person or source available and send that data to the attending physician or medical examiner for certification. (c) (1) When no official death investigation is required, the medical certification shall be completed, signed, and returned to the funeral director within 48 hours after death, or as soon as possible after a death under subsections (e) and (f) of this section, by any of the following: a. The attending physician. b. An advanced practice registered nurse (APRN) acting in accordance with § 1902(t) of Title 24. c. A physician associate (PA) acting in accordance with § 1773 of Title 24. (2) In the absence of the attending physician, the certificate may be completed and signed by the attending physician’s designated physician or the chief medical officer of the institution in which death occurred if such individual has knowledge about the medical history of the case. (d) When an official death investigation is required pursuant to § 4706(a) of Title 29, the medical examiner shall assume custody of the dead body, determine the manner and cause of death and shall complete and sign the certificate of death and shall file the certificate of death with the Office of Vital Statistics. (e) If the cause of death cannot be determined within 48 hours after death, the attending physician or medical examiner shall file with the Office of Vital Statistics a pending certificate of death and a toxicology study shall be performed. If a cause of death cannot be determined after the toxicology study is performed, the remains and all reports or studies sha8/ll be turned over to the Division of Forensic Science for review. When the cause of death is determined a revised certificate of death shall be issued and presented to the funeral director or the funeral director’s agent, who in turn shall file the certificate with the Office of Vital Statistics. (f) When a death is presumed to have occurred within this State but the body cannot be located, a certificate of death may be prepared by the State Registrar upon receipt of a court order which shall include the finding of facts required to complete the certificate of death. Such certificate of death shall be marked “By Court Order” and shall show on its face the date of registration and shall identify the court and the date of decree. (g) One of the following individuals shall pronounce a death: (1) The attending physician. (2) The medical examiner. (3) A registered nurse or an advanced practice registered nurse (APRN) acting in accordance with § 1902(t) of Title 24. (4) The medical control physician under § 1760(b) of Title 24. (5) A physician associate (PA) acting in accordance with § 1773 of Title 24. (h) All medical certifications of death required under subsections (c) through (e) of this section must be electronically prepared, certified, and signed by 1 of the individuals designated in subsection (c) or (d) of this section. (i) All certificates of death shall be electronically filed with the Delaware Vital Events Registration System (DelVERS).

Del. Code tit. 16, § 3124 Registration of spontaneous fetal death.

Each spontaneous fetal death of 350 grams or more, or in the absence of weight, of 20 completed week’s gestation or more, calculated from the date the last normal menstrual period began to the date of delivery, which occurs in this State shall be reported within 3 days after delivery to the Office of Vital Statistics by filing a report of fetal death. Induced terminations of pregnancy shall not be reported as spontaneous fetal deaths. The report of fetal death is the official record of birth and death for the fetal death. (1) When a fetal death occurs in an institution, and the death is attended by a physician or advanced practice registered nurse/certified nurse midwife (APRN/CNM), the report of fetal death shall be prepared by a hospital clerk or head of admissions and shall be filed with the Office of Vital Statistics, or as otherwise directed by the State Registrar, within 3 days after delivery or as soon as possible thereafter but prior to final disposition of the dead body. (2) When a fetal death occurs outside an institution, only a physician may sign a report of fetal death. The physician shall file the report of fetal death with the Office of Vital Statistics, or as otherwise directed by the State Registrar, within 3 days after delivery or as soon as possible thereafter but prior to final disposition of the dead body. (3) When a fetal death occurs without medical attendance at or shortly after the delivery, in a moving conveyance and the fetus is first removed from the conveyance in this State, the place of fetal death is unknown, the Division of Forensic Science shall conduct an investigation to determine the cause and manner of the fetal death and the medical examiner shall file the report of fetal death.

Del. Code tit. 16, § 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. (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. (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.

Del. Code tit. 16, § 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 the information required by § 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 the original certificate of birth and, after proper identification, shall place it in a confidential file. The State Registrar shall file a new certificate setting forth the adopted name and sex of the child, together with the names of the adopting parents and the actual birth 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, and shall issue a certificate as provided under § 3110 of this title. (d) In the event of a child born outside of the United States and who is adopted in Delaware and for whom no certificate of birth can be secured from the nation of birth, the State Registrar may file and issue a special certificate of birth in accordance with this chapter, provided the adopting parents can furnish evidence considered satisfactory by the State Registrar of the facts and circumstances surrounding the birth of the child.

Del. Code tit. 16, § 3127 Acknowledgment or establishment of paternity [Effective until Dec. 6, 2026].

In cases of acknowledgment or establishment of paternity, the State Registrar, upon receipt of a court order, an administrative order or a properly executed acknowledgment of paternity, executed or issued in this State or any other state, which establishes paternity or creates a presumption of paternity under the law of the state in which it was executed or issued, shall prepare an amended or new certificate of birth, as the case may be, consistent with the document. The fact that the father-and-child relationship was declared after the child’s birth shall not be ascertainable from the amended or new certificate, but the actual place and date of birth shall be shown. The evidence upon which the amended or new certificate was made and the original birth certificate shall be sealed and filed and may be opened only upon court order or upon application of the Division of Child Support Services certifying that the child for whom information is sought is the subject of a child support case administered by the Division under Title IV-D of the federal Social Security Act (42 U.S.C. § 651 et seq.).

Del. Code tit. 16, § 3128 Divorce or annulment registration for statistical purposes.

(a) A record of each divorce or annulment granted by the Family Court in this State shall be filed by that court with the Office of Vital Statistics and shall be registered if it has been completed and filed in accordance with this section. The record shall be prepared by the petitioner or the petitioner’s legal representative on a form prescribed and furnished by the State Registrar and shall be presented to the Family Court with the petition. In all cases the completed record shall be a prerequisite to the granting of the final decree. (b) The Family Court shall complete and forward to the Office of Vital Statistics on or before the fifteenth day of each calendar month the records of each divorce or annulment decree granted during the preceding calendar month. (c) Records of divorce are collected by the Office of Vital Statistics for statistical purposes only. Certified copies of a divorce decree may be issued by Family Court in the county in which the decree was granted.

Del. Code tit. 16, § 3129 Registration of birth, death, marriage, divorce or fetal death where registration neglected or omitted.

Notwithstanding any other provisions of this chapter, the State Registrar, on the production of evidence satisfactory to the State Registrar relative to a birth, death, marriage, divorce or fetal death, if for any reason registration has been neglected or omitted, may register any birth, death, marriage, divorce or fetal death which may have occurred when registration was not effective or which may from any cause have escaped registration.

Del. Code tit. 16, § 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.

Del. Code tit. 16, § 3131 Delayed or amended certificates; procedures; evidence.

(a) A person born in this State may file or amend a certificate of birth after the time prescribed by this chapter upon submitting such evidence relative to the circumstances surrounding the birth as may be required by the State Registrar. 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, an affidavit satisfactory to the State Registrar or any local registrar and signed by the chief of the tribe that according to tribal records the person 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 Registrar upon which the information thereon is charged to be in error may be corrected or amended upon submitting such proof of error as may be required by the State Registrar. (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. (d) A summary statement of the evidence submitted in support of the acceptance for delayed filing or amendment shall be endorsed on the certificate. (e) Such evidence submitted in support of a delayed or amended registration as may be retained by the State Registrar shall be kept in special permanent file. (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.

Del. Code tit. 16, § 3132 Fee for issuance of certificates and searches.

(a) The State Registrar shall receive a fee not to exceed $25 for each certified or noncertified copy of a certificate or record, or for a search of the files or records when no copy is made, or for a copy or information provided for research, statistical or administrative purposes. The fee shall be established by the State Board to reflect the costs of doing such work. (b) 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 members of the military and their spouses shall be 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. 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 license/certificate copy 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. (c) The State Registrar shall upon request furnish any applicant with an heirloom certificate of birth for births registered in this State. Heirloom certificates shall be specially designed for framing and display. The name of the person shall be calligraphed on the heirloom certificate. The State Board shall receive a fee of $35 for heirloom certificates. The sum of $12.50 shall be retained by the Department of Health and Social Services to offset the cost of certificates in the Office of Vital Statistics. Any excess funds shall be deposited in a special account to be used for the Delaware Health Statistics Center. (d) The State Registrar shall furnish free of charge to the relative of a veteran, 1 time, a certified copy of the veteran’s certificate of death providing that said certified copy is essential to the settlement of a claim involving the settlement of the veteran’s affairs. All other copies shall be issued at the statutory fee. (e) Subject to § 3110 of this title, the federal agency responsible for national vital statistics and other vital statistics offices outside this State may obtain transcripts or copies of certificates, without payment of fees. (f) The State Registrar shall keep an account of all fees received and turn the same over to the State Treasurer. (g) An individual who presents a valid, unexpired, Delaware personal credential card, issued under § 8915 of Title 29, is exempt from any fee charged under this section for a certified copy of a certificate of birth.

Del. Code tit. 16, § 3133 Reports of induced termination of pregnancy.

Each induced termination of pregnancy which occurs in this State, regardless of the length of gestation, shall be reported to the Delaware Health Statistics Center within the Division of Public Health by the person in charge or a designated representative of the institution or abortion facility in which the induced termination of pregnancy was performed. If the induced termination of pregnancy was performed outside an institution or abortion facility, the attending physician shall prepare and file the report. Such reporting shall occur within 30 days after the end of the month in which the induced termination of pregnancy was performed. These reports are to be used only for purposes of statistical analysis and shall not be incorporated into the permanent official records of the system of vital statistics. The reporting form shall include only those items recommended by the federal agency responsible for national vital statistics except that it shall not include any item that allows identification of patients or physicians. Furthermore, no statistical analysis shall be released which identifies the reporting institution or abortion facility.

Del. Code tit. 16, § 3151 Permit for removal, burial or other disposition; foreign permits; prerequisites for permit [For application of this section, see 84 Del. Laws, c. 261, § 16].

When a death or a fetal death occurs or a dead body is found, the body may not be disposed of until the burial or transit permit is completed. The burial or transit permit must accompany the body and must be: (1) Given to the sexton of the cemetery when the body is interred. (2) Retained by the funeral director when the cemetery has no sexton. (3) In cases of cremation or natural organic reduction: a. Retained with the final remains. b. Retained by the funeral director if so desired.

Del. Code tit. 16, § 3152 Burial/transit permits for shipment of corpses — Required.

No common carrier shall receive for shipment from any point within this State to any other point either within or without this State any dead human body, unless the funeral director or person acting as such presents a completed burial/transit permit as provided in § 3151 of this title.

Del. Code tit. 16, § 3153 Disinterment — Rules and regulations.

No body or stillborn fetus shall be disinterred within the State except upon a permit granted by the State Registrar of Vital Statistics. The forms of disinterment permits shall be prepared by the Office of Vital Statistics. Disinterment and removal must be conducted under the personal supervision of a licensed funeral director.

Del. Code tit. 16, § 3154 Authorization for disinterment and reinterment.

(a) Authorization. — A permit for disinterment and reinterment of a dead body or fetus shall be issued by the State Registrar upon receipt of a notarized application/authorization signed by the next-of-kin and the person who is in charge of the disinterment, or upon receipt of an order of a court of record of this state directing such disinterment, or upon notarized written application of the Attorney General to request a special disinterment permit for legal purposes. (b) Mass disinterment and reinterment. — Upon receipt of a court order, a signed and notarized permission of the next-of-kin of all decedents, or a signed and notarized application for disinterment for legal purposes, the State Registrar may issue 1 permit for disinterment and reinterment of all remains in a mass disinterment provided that, insofar as possible, the remains of each body be identified and the place of disinterment and reinterment specified. (c) Nature of permit. — The authorization issued in accordance with the statutes and regulations governing disinterment shall be permission for disinterment, transportation and reinterment. (d) Fee for permit. — The Department shall receive a fee not to exceed $10 for each disinterment/reinterment permit issued.

Del. Code tit. 16, § 3155 Permits for disinterment of bodies buried in Kent or Sussex County before January 1, 1893.

The State Registrar of Vital Statistics through the central office or any of the county vital statistics offices, upon application to and the payment of the usual fee to any or either of them, shall issue a permit to any relative of any deceased person buried prior to January 1, 1893, and now remaining in private, family or old and neglected burying grounds in Sussex County and Kent County for the disinterment of the remains and the reinterment of the remains in public or private cemeteries or any other chosen or designated place in Kent County or Sussex County or without the State, the same as if the application had been made by a duly licensed undertaker. Upon obtaining the permit, the relative is vested with the same authority as a duly licensed undertaker in the disinterment and reinterment of the remains including the securing of vaults and providing for all other necessary arrangements in connection therewith.

Del. Code tit. 16, § 3156 Disinterment from condemned land.

The Department shall modify and relax its regulations and restrictions relative to the disinterring and reinterring of dead bodies, including the securing of separate disinterment and transfer permits of the bodies in those cases where the bodies are in public or private burying grounds which have been condemned by this State or the United States government for the purposes of public improvement, in order to enable the carrying into effect of complete removals in such cases to the full extent that the same can be accomplished, in the opinion of the Department, by licensed undertakers under its supervision and without jeopardizing the public health.

Del. Code tit. 16, § 3157 Cremation or natural organic reduction; prohibited except in licensed crematory or natural organic reduction facility [For application of this section, see 84 Del. Laws, c. 261, § 16].

A person may not destroy or dispose of by burning or natural organic reduction the body of an individual dead from any cause, except in a crematory or natural organic reduction facility licensed for this express purpose and under the conditions provided in §§ 3158 through 3164 of this title.

Del. Code tit. 16, § 3158 Crematory or natural organic reduction facility; approval for construction; requirements; inspection [For application of this section, see 84 Del. Laws, c. 261, § 16].

(a) A person, firm, organization, or association desiring to acquire, erect, or construct a crematory or natural organic reduction facility shall first obtain approval from the Department of Natural Resources and Environmental Control. (b) The crematory or natural organic reduction facility must be constructed in accordance with regulations adopted under Chapters 60 and 79 of Title 7 and may not be located, managed, or conducted at any time in such a way as to be a public nuisance. (c) The crematory or natural organic reduction facility is subject at all times to inspection by the Department of Natural Resources and Environmental Control, the Department of Health and Social Services, and by officers of the state law-enforcement departments as may desire to inspect it.

Del. Code tit. 16, § 3159 Permit for cremation or natural organic reduction; issuance, retention, and inspection [For application of this section, see 84 Del. Laws, c. 261, § 16].

(a) A body may be cremated or subjected to natural organic reduction only after the preparation of a special cremation or natural organic reduction permit signed by the chief medical examiner or an assistant or deputy medical examiner. In the presentation of the cremation or natural organic reduction permit to the chief medical examiner or the chief medical examiner’s representative for signature, the permit must be accompanied by a death certificate signed by the attending physician and by a cremation or natural organic reduction authorization signed by the next-of-kin or legal representative of the deceased. The signature of the chief medical examiner or the chief medical examiner’s representative to the cremation or natural organic reduction permit constitutes an affirmation that there is no medical reason why the cremation or natural organic reduction should not take place. The chief medical examiner or an assistant or deputy medical examiner has the authority to hold the remains of the deceased pending any investigation into the cause and manner of death. (b) One copy of the cremation or natural organic reduction permit must be retained by the person, firm, corporation, or association conducting the cremation or natural organic reduction, and must be produced for inspection or other purposes when asked for by the inspecting authority. A second copy of the cremation or natural organic reduction permit must accompany the death certificate when it is filed in the Office of Vital Statistics.

Del. Code tit. 16, § 3160 Report of cremation or natural organic reduction [For application of this section, see 84 Del. Laws, c. 261, § 16].

Within 24 hours after the cremation or natural organic reduction is completed a report indicating the name of the individual, the individual’s address while alive, the date and cause of death, the names of the individuals signing the permit, the date of the completion of the cremation or natural organic reduction, and the disposal of the final remains must be forwarded by the person in charge of the crematory or natural organic reduction facility to the central Office of Vital Statistics.

Del. Code tit. 16, § 3161 Delivery, transportation, and disposal of final remains [For application of this section, see 84 Del. Laws, c. 261, § 16].

The final remains resulting from the cremation or natural organic reduction of a body may be delivered by the attendants of the crematory or natural organic reduction facility to any member of the family of the deceased designated to receive them or to the person arranging for the cremation or natural organic reduction. After this delivery, the final remains may be transported in any way in the State and disposed of in such a way as is desired by the person receiving the final remains.

Del. Code tit. 16, § 3162 Witnesses at cremation or natural organic reduction [For application of this section, see 84 Del. Laws, c. 261, § 16].

A representative of the family or some individual accredited to act as representative of the family of the individual being cremated or subjected to natural organic reduction may be present at the time the cremation or natural organic reduction is being carried out, subject to crematory or natural organic reduction facility operational constraints.

Del. Code tit. 16, § 3163 Permit where death occurs in this State and cremation or natural organic reduction takes place elsewhere [For application of this section, see 84 Del. Laws, c. 261, § 16].

The provisions of § 3159 of this title, requiring the signature of the chief medical examiner or an assistant or deputy medical examiner, apply with respect to the cremation or natural organic reduction of the body of an individual dying in the State but removed to another state for the purpose of cremation or natural organic reduction.

Del. Code tit. 16, § 3164 Cremation or natural organic reduction in this State when death occurred elsewhere [For application of this section, see 84 Del. Laws, c. 261, § 16].

The cremation or natural organic reduction in this State of the body of an individual who has died in another state is permissible if all the legal requirements of the state in which the death occurred have first been complied with.

Del. Code tit. 16, § 3165 Analysis of material samples for natural organic reduction [For application of this section, see 84 Del. Laws, c. 261, § 16].

A natural organic reduction facility shall be responsible for: (1) Ensuring that the natural organic reduction vessel maintains a minimum temperature of 131 degrees Fahrenheit for a minimum of 72 hours during the process of natural organic reduction. (2) Collecting material samples for analysis that are representative of each instance of natural organic reduction. (3) Developing and using a natural organic reduction process in which the final remains resulting from the process do not exceed the following limits: Metals and other testing parameters Limit (mg/kg dry weight), unless otherwise specified Fecal coliform < 1,000 Most probable number per gram of total solids (dry weight) Salmonella < 3 Most probable number per 4 grams of total solids (dry weight) Arsenic ≤ 11 ppm Cadmium ≤ 7.1 ppm Lead ≤ 150 ppm Mercury ≤ 8 ppm Selenium ≤ 18 ppm (4) Analyzing, using a third-party laboratory, the natural organic reduction facility’s material samples of final remains according to the following schedule: a. After receiving an initial permit, the natural organic reduction facility must analyze each of the first 20 instances of final remains for the parameters identified in paragraph (3) of this section. b. If any of the first 20 instances of final remains yield results exceeding the limits identified in paragraph (3) of this section, the natural organic reduction facility must conduct appropriate processes to correct the levels of the chemicals identified in paragraph (3) of this section and have the resultant remains tested to ensure they fall within the identified limits. c. If any of the first 20 instances of final remains yield results exceeding the limits identified in paragraph (3) of this section, the natural organic reduction facility must analyze each additional instance of final remains for the parameters identified in paragraph (3) of this section until a total of 20 samples, not including those from remains that were reprocessed under paragraph (4)b. of this section, have yielded results within the limits of paragraph (3) of this section on initial testing. d. After 20 material samples of final remains have met the limits outlined in paragraph (3) of this section, the natural organic reduction facility must analyze, at a minimum, 25% of the natural organic reduction facility’s monthly instances of final remains for the parameters identified in paragraph (3) of this section until 80 total material samples of final remains have met the requirements of paragraph (3) of this section, not including any samples that required reprocessing to meet those requirements. e. After 80 material samples of final remains have met the limits of paragraph (3) of this section, the natural organic reduction facility must analyze, at a minimum, 1 instance of final remains each month. (5) Complying with any testing requirements established by the Delaware Division of Public Health for content parameters additional to those specified in paragraph (3) of this section. (6) Not releasing any final remains that exceed the limits identified in paragraph (3) of this section. (7) Preparing, maintaining, and providing upon request by the Delaware Division of Public Health an annual report each calendar year. The annual report must detail the natural organic reduction facility’s activities during the previous calendar year and must include the following information: a. Name and address of the natural organic reduction facility. b. Calendar year covered by the report. c. Annual quantity of final remains. d. Results of any laboratory analyses of final remains.

Del. Code tit. 16, § 3166-3169 §§ 3166-3169. [Repealed].

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title16/c031/sc01/index.htmlFetched: 10/4/2026