16 Del. Admin. Code § 4205-5.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4205-5.0 - Birth Registration

(Authorization: Section 3121)

5.1 Out-of-Institution Birth - Documentary Evidence.

5.1.1 When a birth occurs in Delaware outside of a hospital or institution, and the birth certificate is filed before six months, additional evidence in support of the facts of birth may be required.

5.1.2 A certificate for the birth shall be completed and filed upon presentation of the following evidence by the individual responsible for filing the certificate:

5.1.2.1 Evidence of pregnancy, such as but not limited to:

5.1.2.1.1 Prenatal record, or

5.1.2.1.2 a statement from a physician or other health care provider qualified to determine pregnancy, or

5.1.2.1.3 a home visit by a public health nurse or other health care provider, or

5.1.2.1.4 other evidence acceptable to the State Registrar.

5.1.2.2 Evidence that the infant was born alive, such as but not limited to:

5.1.2.2.1 A statement from the physician or other health care provider who saw or examined the infant, or

5.1.2.2.2 an observation of the infant during a home visit by a public health nurse, or

5.1.2.2.3 other evidence acceptable to the State Registrar.

5.1.2.3 Evidence of the mother's presence in this state on the date of the birth, such as but not limited to:

5.1.2.3.1 If the birth occurred in the mother's residence,

5.1.2.3.1.1 A driver's license, or a state-issued identification card, which includes the mother's current residence on the face of the license/card, or

5.1.2.3.1.2 a rent receipt that includes the mother's name and address, or

5.1.2.3.1.3 any type of utility, telephone, or other bill that includes the mother's name and address, or

5.1.2.3.1.4 other evidence acceptable to the State Registrar.

5.1.2.3.2 If the birth occurred outside of the mother's place of residence, and the mother is a resident of Delaware, such evidence shall consist of:

5.1.2.3.2.1 An affidavit from the tenant of the premises where the birth occurred, that the mother was present on those premises at the time of the birth, and

5.1.2.3.2.2 evidence of the affiant's residence similar to that required in subsection 5.1.2.3.1 of this regulation, and

5.1.2.3.2.3 evidence of the mother's residence in Delaware similar to that required in subsection 5.1.2.3.1 of this regulation, or

5.1.2.3.2.4 Other evidence acceptable to the State Registrar.

5.1.2.3.3 If the mother is not a resident of Delaware, such evidence must consist of clear and convincing evidence acceptable to the State Registrar.

5.2 Determination of Mother.

5.2.1 For the purposes of birth registration, the mother is deemed to be the woman who gives birth to the child, unless otherwise provided by state law or determined by a court of competent jurisdiction prior to the filing of the birth certificate.

16 Del. Admin. Code § 4205-5.0

20 DE Reg. 641( 2/1/2017) (Final)