16 Del. C. § 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(d) [Repealed.]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.