16 Del. Admin. Code § 4205-4.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4205-4.0 - Disclosure and Copies of Data from Vital Records

(Authorization: Section 3110)

4.1 To protect the integrity of vital records:

4.1.1 The State Registrar or other custodians of vital records shall not permit inspection of these records, or disclose information contained in vital statistics records, or copy or issue a copy of all or part of any such record unless he or she is satisfied that the applicant is authorized to obtain a copy or abstract of such record.

4.1.1.1 Family members doing genealogical research and genealogists representing a family member may obtain copies of records needed for their research. Unless the registrant is deceased, appropriate authorizations shall be required from the registrant or relevant family members as defined in section 3110(b) for the release of the records. If family members, or genealogists representing them, are unable to establish the death of a registrant or to identify those closer family members authorized by Section 3110(b), they may obtain copies of marriage and death records only upon presentation of evidence satisfactory to the State Registrar that they are directly descended from a parent or grandparent of the registrant.

4.1.1.2 The term "authorized representative" shall include an attorney, physician, funeral director, or other designated agent acting in behalf of the registrant or his or her family.

4.1.1.3 The natural parents of adopted children, when neither has custody, and commercial firms or agencies requesting listings of names and addresses shall not be authorized to obtain copies or abstracts of the record.

4.1.2 The State Registrar or local custodian shall not issue a certified copy of a record until the applicant has provided sufficient information to locate the record. Whenever it shall be deemed necessary to establish an applicant's right to information from a vital record, the State Registrar or local custodian may also require identification of the applicant or a sworn statement.

4.1.3 When 72 years have elapsed after the date of birth, or 40 years have elapsed after the date of death or marriage, such records in the custody of the State Registrar shall become available to any person upon submission of an application containing sufficient information to locate the record. The State Registrar shall collect the same fee for each copy issued or search of the files made, as is charged for a single certified copy. The same fee shall apply for vital records in the possession of the Division of Historical and Cultural Affairs.

4.1.4 All forms and procedures used in the issuance of certified copies of vital records in the state shall be uniform and provided or approved by the State Registrar. All certified copies issued shall have security features that deter the document from being altered, counterfeited, duplicated, or simulated without ready detection. All certified copies shall include, at a minimum, the following security features:

4.1.4.1 sensitized security paper;

4.1.4.2 background security design;

4.1.4.3 copy void pantograph;

4.1.4.4 consecutive numbering;

4.1.4.5 engraved border;

4.1.5 A certified copy or other copy of a death certificate containing the cause of death information shall not be issued except as follows:

4.1.5.1 Upon specific request of the spouse, children, parents, or other next of kin of the decedent or their respective authorized representatives; or

4.1.5.2 when a documented need for the cause of death to establish a legal right or claim has been demonstrated; or

4.1.5.3 when the request for the copy is made by or on behalf of an organization that provides benefits to the decedent's survivors or beneficiaries; or

4.1.5.4 upon specific request by local, state, or Federal agencies for research or administrative purposes approved by the Department of Health and Social Services; or

4.1.5.5 when needed for statistical or research activities provided requests for such information conform to the Regulations Governing The Release of Vital Statistics Data For Research And Statistical Purposes established by the Department of Health and Social Services; or

4.1.5.6 upon receipt of an order from a court of competent jurisdiction ordering such release.

4.1.6 Nothing in these regulations shall be construed to permit disclosure of information contained in the "Information for Medical and Health Use Only" section of the certificate of birth or the "Information for Statistical Purposes Only" section of the certificate of marriage or certificate of divorce or annulment unless specifically authorized by the Department of Health and Social Services for statistical or research purposes. Such data shall not be subject to subpoena or court order and shall not be admissible before any court, tribunal, or other judicial body.

4.1.7 When the State Registrar receives information that a certificate may have been registered through fraud or misrepresentation, he or she shall withhold issuance of any copy of that certificate pending an administrative hearing. The sole purpose of the hearing shall be to determine whether there is sufficient evidence to continue to withhold issuance of copies of said certificate. The State Registrar shall offer the registrant or the registrant's authorized representative notice and opportunity to be heard. If upon conclusion of the hearing no fraud or misrepresentation is found, copies may be issued. If upon conclusion of the hearing fraud or misrepresentation is found, the State Registrar shall remove the certificate from the file. The certificate and evidence shall be retained but shall not be subject to inspection or copying except upon order of a court of competent jurisdiction or by the State Registrar for purposes of administering the vital statistics program.

16 Del. Admin. Code § 4205-4.0

20 DE Reg. 641( 2/1/2017) (Final)