CHAPTER 1
FORMERLY
HOUSE BILL NO. 4
AN ACT TO AMEND § 923, TITLE 13 OF THE DELAWARE CODE AS AMENDED BY CHAPTER 481, VOLUME 71, LAWS OF DELAWARE RELATING TO ADOPTION
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 occurring 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 Family 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 notification shall be mailed within 30 days from when the adoptee requested release of the records.
B. The Office of Vial 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 birthparents(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 authorizes release, then the Office of Vital Statistics shall release the records to the adoptee.”.