Delaware Code Title 16 Sec. 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.
Terms Used In Delaware Code Title 16 Sec. 3110
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Division: means the Division of Public Health. See Delaware Code Title 16 Sec. 101
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(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 mother and father, 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;