Delaware Sealed Records Law : History & Updates
by Mary Lee Lutz
– Adoptee birth certificates were sealed in 1943. This was retroactive, i.e., all records for those adopted before 1943 were sealed at that time also.
– H.B. 522 as amended by HA 1 and SA 1 permits an adoptee 21 years of age or older to obtain a copy of his or her original record of birth from the State Registrar unless either birth parent has, within the most recent 3 year period, filed a written notarized statement denying the release of any identifying information. Complete text of the bill is at:http://www.state.de.us/govern/agencies/legis/lis/139bills/108601.htm
– A memo draft dated 12/21/98 instructs the State Registrar that before a birth record may be released, the Registrar must send a notice informing the birthparents that the request for the record has been made and informing them of the procedure for filing a statement denying the release of information. This notice is sent to the address given on the original birth certificate. The birth parents have 30 days from the date on which the notice is sent out to respond. At that point, the agency that handled the adoption is notified and instructed to search for the birthparents and inform them of their right to deny release of information, using State Department records, voter registration records, and a computer search. If the birthparents are not found, the records may be released.
– Delaware adoptees anticipate the reintroduction of the UAA into the legislature this session, but incorporating the provisions of HB 522 and the above memo as regards open records.
