AN ACT TO AMEND TITLE 13, TITLE 16, AND TITLE 21 OF THE DELAWARE CODE RELATING TO GOVERNMENT RECORDS.

• Revises existing law regarding marriage licenses and certificates to reflect current practices and to clarify current procedures.

Under existing law, people can change their gender designation on these government documents. However, only the Office of Vital Statistics (OVS) can amend marriage certificates and the requirements to change gender on these government documents are only in regulations. These existing regulations require certification from a medical or social service provider certifying the individual’s true gender identity and do not explicitly keep the original documents and information submitted in support of the change confidential.

Specifically, this Act does all of the following in Sections 1 through Section 6 of this Act: • Establishes, for these government documents, that “sex” or “gender” may be designated by “F” for female, “M” for male, or “X” for unspecified. Unspecified designates a gender identity that is not female or male. • Allows an individual to change their gender designation without a court order or certification from a medical or other service provider. • Allows a parent to amend the parent’s gender designation and name on their child’s birth certificate. • Creates procedures so that people can amend marriage certificates through either OVS or the county clerk of the peace that issued the marriage license. These procedures require that OVS and the clerk of the peace share the amended certificate with the other office, using the existing electronic records system. • None of the documents or records under this Act are public records. This Act adds strengthened protections that prohibits the release of a request to change gender, and previous versions of the amended government document, unless the following specific requirements are met: For birth certificates and marriage certificates, information related to the change of gender and the previous birth certificate may only be released if the request meets the requirements for the release of records of healthcare services under § 3928 of Title 10 and § 611 of Title 29. Section 3928 of Title 10 prohibits a court from ordering the release of records related to healthcare services requested by another state related to a criminal violation of a law if the healthcare services are legal in Delaware. In addition, § 611 of Title 29 prohibits a state or local government agency from releasing information in response to inquiries concerning the lawfulness of healthcare services that is related to healthcare services that are lawful in this State. For driver’s licenses and identification cards, information related to the change of gender, including previous photos and names on these documents, may only be released if the request is for a permissible use of personal information. In addition, if the request is from another state, there must be a demonstrated legitimate public safety need for the information that would be necessary to obtain a valid court order in Delaware. Before releasing gender change information to a person in another state, the individual making the request must provide a signed affidavit acknowledging their responsibility to protect this information and agreement that the information will only be used for the legitimate public safety need that is the basis for the request.

In addition, Sections 7 through Section 12 of this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and updates existing law to conform to modern procedures as follows: • Revises Chapter 1 of Title 13 and Chapter 31 of Title 16 to eliminate duplicative and conflicting provisions. • Transfers the requirements for the information required in a marriage license application from Title 13 to Title 16, because under existing law in Title 16, OVS is responsible for creating all forms related to marriage. • Creates separate terms for marriage license applications, marriage licenses, marriage certificates, and the background information provided at the time of the application for a marriage license. It clarifies that a marriage license becomes a marriage certificate when the officiant and both witnesses sign the form after the marriage is performed. These changes are necessary because existing law uses the term “marriage license” when referring to both the license required to get married and the certificate documenting that the marriage was performed. • Clarifies that only individuals with authority under Title 12 may obtain a certified copy of death certificate from OVS. • Align the existing privacy protections under § 305 of Title 21 with the strengthened protection in Section 6 of this Act.

This Act is effective immediately but has a delayed implementation date for all of the following: • The Department of Health and Social Services (DHSS) and the Department of Transportation (DelDOT) to adopt the necessary regulations and forms. • DelDOT, DHSS, and the clerks of the peace to make necessary changes to computer systems.