Chapter 31

§ 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. 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 ; 81 Del. Laws, c. 123, §  1 ; 83 Del. Laws, c. 37, § 18 ; 84 Del. Laws, c. 261, § 2 ; § 3101 Definitions [For application of this section, see 84 Del. Laws, c. 261, § 16] [Effective 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) “Parentage” or “parent-child relationship” means as defined under § 8-102 of Title 13. (11) “Physician” means a person authorized or licensed to practice medicine or osteopathy pursuant to the laws of this State. (12) “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. (13) “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. (14) “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. (15) “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. (16) “Vital records” means certificates or reports of birth, death, marriage, divorce or annulment, and data related thereto. (17) “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 ; 81 Del. Laws, c. 123, §  1 ; 83 Del. Laws, c. 37, § 18 ; 84 Del. Laws, c. 261, § 2 ; 85 Del. Laws, c. 276, § 122 ; § 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. 82 ; 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 [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. 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 ; § 3105 State Registrar of Vital Statistics; duties [Effective 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 Office of Vital Statistics shall provide all of the following: (1) Voluntary acknowledgment of parentage services under subchapter III of Chapter 8 of Title 13, to the individual who gave birth to the child and an individual whose parentage is sought to be established. (2) A registry of paternity under subchapter IV of Chapter 8 of Title 13. (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 ; 85 Del. Laws, c. 276, § 123 ; § 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 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. 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 ; 78 Del. Laws, c. 121, §  1 ; 80 Del. Laws, c. 234, §  18 ; 81 Del. Laws, c. 123, §  2 ; 82 Del. Laws, c. 74, § 3 ; 84 Del. Laws, c. 42, § 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 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 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. 27 Del. Laws, c. 84, §  5 ; 27 Del. Laws, c. 85, §  10 ; Code 1915, §  802; Code 1935, §  785; 44 Del. Laws, c. 69, §  1 ; 16 Del. C. 1953, §  3122; 68 Del. Laws, c. 274, §  1 ; 69 Del. Laws, c. 296, §§  22, 23 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 216, §§  102, 103 ; 80 Del. Laws, c. 33, §  2 ; 80 Del. Laws, c. 234, §  19 ; 81 Del. Laws, c. 425, § 10 ; 83 Del. Laws, c. 516, § 2 ; § 3121 Registration of births [Effective 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) (1) When a child is born to an unmarried individual in an institution, the person responsible for completing the birth certificate, or the person’s designated representative, shall do all of the following: a. Provide written information prepared by the Division of Child Support Services, under subchapter III of Chapter 8 of Title 13, to the individual who gave birth to the child and the individual seeking to establish parentage, if present, explaining the rights and responsibilities of acknowledging parentage. b. Provide the individual who gave birth to the child and the individual seeking to establish parentage the opportunity to sign an acknowledgment of parentage under subchapter III of Chapter 8 of Title 13 and provide notary public services for this purpose. c. If the individual who gave birth to the child and the individual seeking to establish parentage sign the acknowledgment of parentage under paragraph (c)(1)b. of this section: 1. Provide a copy of the signed and notarized acknowledgment to both individuals. 2. File the signed and notarized acknowledgment with the Office of Vital Statistics within 10 days after execution. (2) Within 7 days of receiving the acknowledgment under paragraph (c)(1)c.2. of this section, the Office of Vital Statistics shall send a copy of the acknowledgment to the Division of Child Support Services. (d) [Repealed.] (e) Subsection (c) of this section does not apply when a child is born in an institution and the individual who gave birth to the child or an alleged genetic parent is a minor. The Office of Vital Statistics may not accept an acknowledgment of parentage if signed by a minor. If the individual who gave birth to the child or an alleged genetic parent is a minor, parentage is to be determined under 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) Except as provided under subchapter VIII of Chapter 8 of Title 13, and as provided under § 8-301 of Title 13, the following apply: (1) If the individual who gave birth to the child was married at the time of either conception or birth, or between conception and birth, the name of the individual’s spouse must be entered on the certificate as the parent of the child unless parentage has been determined otherwise by Family Court or the individual’s spouse has filed a valid denial of parentage. (2) If the individual who gave birth was not married at the time of either conception or birth or between conception and birth, the name of the parent who did not give birth may not be entered on the certificate without a court order from Family Court or an acknowledgment of parentage that is signed by both parents and notarized. (3) If parentage of a child is determined by Family Court, the name of the adjudicated parent and surname of the child must be entered on the certificate of birth in accordance with the finding and order of the court. (4) If the parent who did not give birth is not named on the certificate of birth, no other information about the parent who did not give birth may 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. 27 Del. Laws, c. 84, §  5 ; 27 Del. Laws, c. 85, §  10 ; Code 1915, §  802; Code 1935, §  785; 44 Del. Laws, c. 69, §  1 ; 16 Del. C. 1953, §  3122; 68 Del. Laws, c. 274, §  1 ; 69 Del. Laws, c. 296, §§  22, 23 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 216, §§  102, 103 ; 80 Del. Laws, c. 33, §  2 ; 80 Del. Laws, c. 234, §  19 ; 81 Del. Laws, c. 425, § 10 ; 83 Del. Laws, c. 516, § 2 ; 85 Del. Laws, c. 276, § 124 ; § 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. 81 Del. Laws, c. 123, §  3 ; § 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. 27 Del. Laws, c. 84, §  6 ; 27 Del. Laws, c. 85, §  12 ; Code 1915, §  803; 33 Del. Laws, c. 57, §  4 ; 34 Del. Laws, c. 64, §  1 ; 34 Del. Laws, c. 69, §  1 ; Code 1935, §  786; 44 Del. Laws, c. 69, §  1 ; 16 Del. C. 1953, §  3123; 68 Del. Laws, c. 274, §  1 ; § 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). 25 Del. Laws, c. 66, §  3 ; 27 Del. Laws, c. 84, §  7 ; 27 Del. Laws, c. 85, §  13 ; Code 1915, §  804; 35 Del. Laws, c. 55 ; Code 1935, §  787; 44 Del. Laws, c. 69, §  1 ; 48 Del. Laws, c. 319, §  1 ; 16 Del. C. 1953, §  3125; 52 Del. Laws, c. 88, §  2 ; 68 Del. Laws, c. 274, §  1 ; 69 Del. Laws, c. 146, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 320, §  1 ; 79 Del. Laws, c. 265, §  14 ; 81 Del. Laws, c. 123, §  4 ; 81 Del. Laws, c. 340, § 4 ; 82 Del. Laws, c. 75, § 4 ; 82 Del. Laws, c. 268, §§ 2, 3 ; 83 Del. Laws, c. 10, § 1 ; 83 Del. Laws, c. 52, § 10 ; 83 Del. Laws, c. 111, § 1 ; 83 Del. Laws, c. 327, § 2 ; 85 Del. Laws, c. 248, § 1 ; 85 Del. Laws, c. 253, § 1 ; 85 Del. Laws, c. 456, § 1 ; 85 Del. Laws, c. 459, § 2 ; § 3123 Registration of death [For application of this section, see 85 Del. Laws, c. 253, § 23] [Effective upon 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(u) 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(u) 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). 25 Del. Laws, c. 66, §  3 ; 27 Del. Laws, c. 84, §  7 ; 27 Del. Laws, c. 85, §  13 ; Code 1915, §  804; 35 Del. Laws, c. 55 ; Code 1935, §  787; 44 Del. Laws, c. 69, §  1 ; 48 Del. Laws, c. 319, §  1 ; 16 Del. C. 1953, §  3125; 52 Del. Laws, c. 88, §  2 ; 68 Del. Laws, c. 274, §  1 ; 69 Del. Laws, c. 146, §  1 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 320, §  1 ; 79 Del. Laws, c. 265, §  14 ; 81 Del. Laws, c. 123, §  4 ; 81 Del. Laws, c. 340, § 4 ; 82 Del. Laws, c. 75, § 4 ; 82 Del. Laws, c. 268, §§ 2, 3 ; 83 Del. Laws, c. 10, § 1 ; 83 Del. Laws, c. 52, § 10 ; 83 Del. Laws, c. 111, § 1 ; 83 Del. Laws, c. 327, § 2 ; 85 Del. Laws, c. 248, § 1 ; 85 Del. Laws, c. 253, § 1 ; 85 Del. Laws, c. 456, § 1 ; 85 Del. Laws, c. 459, § 2 ; § 3124 Registration of spontaneous fetal death. Each spontaneous fetal death of 350 grams or more, or in the absence of weight, of 20 completed weeks of 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. 25 Del. Laws, c. 66, §  3 ; 27 Del. Laws, c. 84, §  7 ; 27 Del. Laws, c. 85, §  13 ; Code 1915, §  804; 35 Del. Laws, c. 55 ; Code 1935, §  787; 44 Del. Laws, c. 69, §  1 ; 48 Del. Laws, c. 319, §  1 ; 16 Del. C. 1953, §  3125; 52 Del. Laws, c. 88, §  2 ; 68 Del. Laws, c. 274, §  1 ; 79 Del. Laws, c. 265, §  15 ; 81 Del. Laws, c. 123, §  5 ; 85 Del. Laws, c. 548, § 9 ; § 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/