Subchapter IV. Registry of Paternity
TITLE 13
Domestic Relations
CHAPTER 8. UNIFORM PARENTAGE ACT
Subchapter IV. Registry of Paternity
§ 8-401. Establishment of registry.
A registry of paternity is established in the Office of Vital Statistics.
74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8-402. Registration for notification.
(a) Except as otherwise provided in subsection (b) of § 8-405 of this title, a man who desires to be notified of a proceeding for adoption of, or termination of parental rights regarding, a child that he may have fathered must register in the registry of paternity before the birth of the child or within 30 days after the birth of the child.
(b) A man is not required to register if:
(1) A father-child relationship between the man and the child has been established under this chapter or other law; or
(2) The man commences a proceeding to adjudicate his paternity before the court has terminated his parental rights.
(c) A registrant shall promptly notify the registry in a record of any change in the information registered. The Office of Vital Statistics shall incorporate all new information received into its records but need not affirmatively seek to obtain current information for incorporation in the registry.
74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8-403. Notice of proceeding.
Notice of a proceeding for the adoption of, or termination of parental rights regarding, a child must be given to a registrant who has timely registered. Notice must be given in a manner prescribed for service of process in a civil action.
74 Del. Laws, c. 136, § 1.;
§ 8-404. Termination of parental rights; child under 1 year of age.
The parental rights of a man who may be the father of a child may be terminated without notice if:
(1) The child has not attained 1 year of age at the time of the termination of parental rights;
(2) The man did not register timely with the Office of Vital Statistics; and
(3) The man is not exempt from registration under § 8-402 of this title.
74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8-405. Termination of parental rights; child at least 1 year of age.
(a) If a child has attained 1 year of age, notice of a proceeding for adoption of, or termination of parental rights regarding the child must be given to every alleged father of the child, whether or not he has registered with the Office of Vital Statistics.
(b) Notice must be given in a manner prescribed for service of process in a civil action.
74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8-411. Required form.
The Office of Vital Statistics shall prepare a form for registering with the agency. The form must require the signature of the registrant. The form must state that the form is signed under penalty of perjury. The form must also state that:
(1) A timely registration entitles the registrant to notice of a proceeding for adoption of the child or termination of the registrant's parental rights;
(2) A timely registration does not commence a proceeding to establish paternity;
(3) The information disclosed on the form may be used against the registrant to establish paternity;
(4) Services to assist in establishing paternity are available to the registrant through the support-enforcement agency;
(5) The registrant should also register in another State if conception or birth of the child occurred in the other State;
(6) Information on registries of other States is available from the Office of Vital Statistics and the support-enforcement agency; and
(7) Procedures exist to rescind the registration of a claim of paternity.
74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8-412. Furnishing of information; confidentiality.
(a) The Office of Vital Statistics need not seek to locate the mother of a child who is the subject of a registration, but the Office of Vital Statistics shall send a copy of the notice of registration to a mother if she has provided an address.
(b) Information contained in the registry is confidential and may be released on request only to:
(1) A court or a person designated by the court;
(2) The mother of the child who is the subject of the registration;
(3) An agency authorized by other law to receive the information;
(4) A licensed child-placing agency;
(5) A support-enforcement agency;
(6) A party or the party's attorney of record in a proceeding under this chapter or in a proceeding for adoption of, or for termination of parental rights regarding, a child who is the subject of the registration; and
(7) The registry of paternity in another state.
74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8-413. Rescission of registration.
A registrant may rescind his registration at any time by sending to the registry a rescission in a record signed or otherwise authenticated by him, and witnessed or notarized.
74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8-414. Untimely registration.
If a man registers more than 30 days after the birth of the child, the Office of Vital Statistics shall notify the registrant that on its face his registration was not filed timely.
74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8-415. Fees for registry.
(a) A fee may not be charged for filing a registration or a rescission of registration.
(b) Except as otherwise provided in subsection (c) of this section, the Office of Vital Statistics may charge a reasonable fee for making a search of the registry and for furnishing a certificate.
(c) A support-enforcement agency and an agency of the State of Delaware are not required to pay a fee authorized by subsection (b) of this section.
74 Del. Laws, c. 136, § 1.;
§ 8-421. Search of appropriate registry.
(a) If a father-child relationship has not been established under this chapter for a child under 1 year of age, a petitioner for adoption of, or termination of parental rights regarding, the child must obtain a certificate of search of the registry of paternity.
(b) If a petitioner for adoption of, or termination of parental rights regarding, a child has reason to believe that the conception or birth of the child may have occurred in another state, the petitioner must also obtain a certificate of search from the registry of paternity, if any, in that state.
74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1.;
§ 8-422. Certificate of search registry.
(a) The Office of Vital Statistics shall furnish to the requester a certificate of search of the registry on request of an individual, court or agency identified in § 8-412 of this title.
(b) A certificate provided by the Office of Vital Statistics must be signed on behalf of the Office and State that:
(1) A search has been made of the registry; and
(2) A registration containing the information required to identify the registrant:
(i) Has been found and is attached to the certificate of search; or
(ii) Has not been found.
(c) A petitioner must file the certificate of search with the court before a proceeding for adoption of, or termination of parental rights regarding, a child may be concluded.
74 Del. Laws, c. 136, § 1.;
§ 8-423. Admissibility of registered information.
A certificate of search of the registry of paternity in this or another state is admissible in a proceeding for adoption of, or termination of parental rights regarding, a child and, if relevant, in other legal proceedings.
74 Del. Laws, c. 136, § 1; 70 Del. Laws, c. 186, § 1.;