2 Del. Admin. Code § 2225-5.0

Current through Register Vol. 27, No. 12, June 1, 2024

Section 2225-5.0 - Name, Date of Birth and Gender

5.1 Full Legal Name, Date of Birth and Gender.

5.1.1 The name and date of birth on the face of the Delaware DPC must be the same as the name and date of birth on the source document presented by the applicant to establish identity. When the individual has only one name, that name should be entered in the last name or family name field, and the first and middle name fields should be left blank. Place holders such as NFN, NMN, FNU, LNU and NA shall not be used.

5.1.2 If the names, as listed on various source documents (to substantiate the applicant's name, date of birth, gender, ITIN), are different, the applicant must contact the agency who issued the source document and change the name so that the names on all source documents match.

5.2 Name, Date of Birth and Gender Source Documents

5.2.1 To establish an applicant's full legal name, date of birth, and gender, the applicant must present one or more of the following source documents:

5.2.1.1 Valid, unexpired foreign passport;

5.2.1.2 Valid Consular Identification Card;

5.2.2 Applicants under age 18 must present a valid birth certificate containing birth parents name(s) that was issued by an Office of Vital Statistics or equivalent agency in the individual's country of birth, in addition to a document listed in subsection 5.2.1.

5.3 Name change/exceptions.

5.3.1 If an applicant wants to establish a name other than the name that appears on the original source document, the applicant must provide proof of the name change by presenting a valid marriage certificate, divorce decree, adoption papers or court order substantiating the name change.

5.3.2 The driving record alias file contains name changes to enable the division to verify the names the applicant used over time. The division must be notified within 30 days after the name change occurs.

5.3.3 Exceptions to name change procedures must be approved by the Driver Services Manager, Chief of Driver Services, Deputy Director or Director.

5.4 Date of Birth Changes. To establish the applicant's date of birth, an individual must present at least one document included in subsection 5.2 or a court order that establishes a new date of birth.

5.5 Gender/gender changes. To change a person's gender, the applicant must complete the Request for Gender Change form detailing his or her request to have the gender designation on his or her driving privilege card changed. The form requires the applicant's medical or social service provider to certify that, in his or her professional opinion, what the applicant's true gender identity is. The medical or social service provider's practice must treat patients, including the applicant, seeking gender identity changes.

5.6 Foreign Documents. A professional translator must translate any documents that are in a foreign language into English.

2 Del. Admin. Code § 2225-5.0

19 DE Reg. 937 (4/1/2016) (Final)