[New Legislation passed Jan. 20, 1999 and sent to Governor Carper. The
Governor will sign this bill, as he initiated it.]
House Bill 4
An Act to Amend Section 923, Title 13 of the Delaware Code as Amended by
Chapter 481, Volume 71, Laws of Delaware Relating to Adoption.
Sponsors: Rep. Caulk
Rep. Welch
Sen. Blevins
Sen. Connor
Be it enacted by the General Assembly of the State of Delaware:
Section 1. Amend Section 5, Chapter 481, Volume 71, Laws of Delaware, by
adding thereto a new subsection, designated as subsection (c), which new
subsection shall read as follows:
“(c) If an adoptee 21 years of age or older seeks vital records about any
event occuring before January 18, 1999, the Office of Vital Statistics shall
consult Family Court to determine whether there is an affidavit on file
expressing a desire by either birthparent to keep information about the
adoption confidential.
(1) If there is an affidavit on file with Family Court authorizing the release
of information, the Office of Vital Statistics shall request a copy of the
affidavit and, upon receipt of the affidavit, release the authorized records.
(2) If there is an affidavit on file with Family Court denying the release of
information, or if there is no affidavit on file with Famiy Court, the Office
of Vital Statistics shall send notice, as described below, by United States
mail to the birthparent(s).
A. The Office of Vital Statistics shall search a computerized telephone or
address database, as well as Delaware’s Department of Motor Vehicles and voter
records in order to determine the most likely address of the birthparent.
Such notice shall be sent to that address.
If no current address is available, then notice shall be sent to the last
known address for the birthparent(s). Such ntification shall be mailed within
30 days from when te adoptee requested release of the records.
B. The Office of Vital Statistics shall notify the birthparent(s) of the legal
requirements for maintaining confidentiality and shall provide them with the
appropriate forms. The Office of Vital Statistics shall also advise the
birthparent(s) that in the event that a written notarized statement denying
the release of information is not received within 35 days from the date of the
mailing of the notification required in subparagraph A. of this subsection
then the Office of Vital Statistics will release the records to the adoptee.
i) If the Office of Vital Statistics receives a written notarized statement
denying the release of information, then it shall not release the records.
ii) If no such written statement is received within 35 days from the date of
the mailing of the notification required in subparagraph A. of this subsection
or if the birthparent(s) specifically authorize release, then the Office of
Vital Statistics shall release the records to the adoptee.”
SYNOPSIS
The purpose of this bill is to establish a procedure to protect the privacy of
birthparent(s) who were not required to file an affidavit of confidentiality
with Family Court and to correct a technical error in the existing law.
