TITLE 16


Health and Safety


Vital Statistics


CHAPTER 31. REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, DIVORCES, ANNULMENTS AND ADOPTIONS


Subchapter I. General Provisions


§ 3101. Definitions.


As used in this chapter:


(1) "Dead body" means a 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) "Induced termination of pregnancy" means the purposeful interruption of an intrauterine pregnancy with the intention other
than to produce a live-born infant and which does not result in a live birth. This definition excludes management of prolonged
retention of products of conception following fetal death.


(5) "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.


(6) "Live birth" is defined as the complete expulsion or extraction from its mother of a product of conception (irrespective
of the duration of pregnancy) which, after such separation, 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.


(7) "Physician" means a person authorized or licensed to practice medicine or osteopathy pursuant to the laws of this State.


(8) "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.


(9) "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.


(10) "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.


(11) "Vital records" means certificates or reports of birth, death, marriage, divorce or annulment, and data related thereto.


(12) "Vital statistics" means the data derived from certificates and reports of birth, death, spontaneous fetal death, marriage,
divorce or annulments, and related reports.


40 Del. Laws, c. 96, §§ 1-10; Code 1935, § 806; 44 Del. Laws, c. 69, § 1; 16 Del. C. 1953, § 3124; 52 Del. Laws, c. 88, § 1; 68 Del. Laws, c. 274, § 1; 70 Del. Laws, c. 149, § 137; 70 Del. Laws, c. 378, § 1.;


§ 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.


27 Del. Laws, c. 84, § 1; 27 Del. Laws, c. 85, § 1; Code 1915, § 797; 33 Del. Laws, c. 57, § 4; 34 Del. Laws, c. 69, § 1; Code 1935, § 780; 16 Del. C. 1953, § 3101; 68 Del. Laws, c. 274, § 1; 70 Del. Laws, c. 149, § 138.;


§ 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.


25 Del. Laws, c. 66, § 9; 27 Del. Laws, c. 84, §§ 14, 18; 27 Del. Laws, c. 85, §§ 15, 18; Code 1915, §§ 818, 821; 33 Del. Laws, c. 57, § 4; 33 Del. Laws, c. 821; 34 Del. Laws, c. 69, § 1; Code 1935, §§ 801, 803; 44 Del. Laws, c. 69, § 1; 16 Del. C. 1953, §§ 3102, 3168; 68 Del. Laws, c. 274, § 1; 70 Del. Laws, c. 149, § 139.;


§ 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.


27 Del. Laws, c. 84, § 2; 27 Del. Laws, c. 85, § 2; Code 1915, § 798; 29 Del. Laws, c. 49, § 1; 33 Del. Laws, c. 57, § 4; 34 Del. Laws, c. 69, § 1; Code 1935, § 781; 16 Del. C. 1953, § 3103; 68 Del. Laws, c. 274, § 1; 70 Del. Laws, c. 149, § 140.;


§ 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 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.


26 Del. Laws, c. 75; Code 1915, § 770; 27 Del. Laws, c. 84, § 2; 27 Del. Laws, c. 85, § 2; Code 1915, §§ 770, 798; 29 Del. Laws, c. 49, § 1; 33 Del. Laws, c. 57, § 4; 34 Del. Laws, c. 69, § 1; Code 1935, §§ 776, 781; 16 Del. C. 1953, §§ 3104, 3154; 57 Del. Laws, c. 591, § 14; 68 Del. Laws, c. 274, § 1; 70 Del. Laws, c. 149, § 141; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 216, § 104; 76 Del. Laws, c. 194, § 2.;


§ 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.


27 Del. Laws, c. 84, § 2; 27 Del. Laws, c. 85, § 2; Code 1915, § 798; 29 Del. Laws, c. 49, § 1; 33 Del. Laws, c. 57, § 4; 34 Del. Laws, c. 69, § 1; Code 1935, § 781; 16 Del. C. 1953, § 3105; 68 Del. Laws, c. 274, § 1.;


§ 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.


27 Del. Laws, c. 84, § 2; 27 Del. Laws, c. 85, § 2; Code 1915, § 798; 29 Del. Laws, c. 49, § 1; 33 Del. Laws, c. 57, § 4; 34 Del. Laws, c. 69, § 1; Code 1935, § 781; 16 Del. C. 1953, § 3106; 57 Del. Laws, c. 591, § 15; 68 Del. Laws, c. 274, § 1; 70 Del. Laws, c. 149, § 142.;


§ 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.


27 Del. Laws, c. 84, § 8; 27 Del. Laws, c. 85, § 14; Code 1915, § 805; 35 Del. Laws, c. 55; Code 1935, § 788; 44 Del. Laws, c. 69, § 1; 16 Del. C. 1953, § 3133; 68 Del. Laws, c. 274, § 1; 70 Del. Laws, c. 149, § 143; 71 Del. Laws, c. 216, § 59.;


§ 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.


25 Del. Laws, c. 66, § 7; 27 Del. Laws, c. 84, § 13; Code 1915, §§ 813, 815; Code 1935, §§ 796, 798; 44 Del. Laws, c. 69, § 1; 16 Del. C. 1953, §§ 3109, 3130; 68 Del. Laws, c. 274, § 1.;


§ 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 non-certified 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 or 40 years have elapsed after the date of death or 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 16 years of age to
the Division of Child Support Enforcement 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 mother and father,
if available, the date of birth and sex of the child.


(h) The State Registrar of Vital Statistics shall create a stillbirth certificate which shall be issued upon request to a
parent (or authorized representative thereof) who is authorized to receive a certificate of fetal death under subsection (b)
of this section.


27 Del. Laws, c. 85, §§ 6, 9; Code 1915, §§ 807, 810; 34 Del. Laws, c. 65, § 1; Code 1935, §§ 790, 793; 44 Del. Laws, c. 69, § 1; 16 Del. C. 1953, §§ 3110, 3134; 67 Del. Laws, c. 383, § 1; 68 Del. Laws, c. 274, § 1; 70 Del. Laws, c. 149, § 144; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 481, § 1; 72 Del. Laws, c. 70, § 1; 74 Del. Laws, c. 408, § 1.;


§ 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.


25 Del. Laws, c. 66, § 9; 26 Del. Laws, c. 75; 27 Del. Laws, c. 84, §§ 14, 16; 27 Del. Laws, c. 85, §§ 15, 16; Code 1915, §§ 770, 818, 819; 28 Del. Laws, c. 60, § 2; Code 1935, §§ 776, 801, 802; 44 Del. Laws, c. 69, § 1; 16 Del. C. 1953, §§ 3111, 3139, 3152, 3157, 3169; 68 Del. Laws, c. 274, § 1; 70 Del. Laws, c. 186, § 1.;


§ 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.


68 Del. Laws, c. 274, § 1; 70 Del. Laws, c. 186, § 1.;