2 Del. Admin. Code § 2217-5.0

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

Section 2217-5.0 - Personal Identity: Name, Date of Birth and Gender

5.1 Identity: Full Legal Name, Date of Birth and Gender.

5.1.1 The name and date of birth on the face of the license or identification card 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, SSN and lawful status), 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 Identification 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 United States passport;

5.2.1.2 Certified copy of a birth certificate filed with a state Office of Vital Statistics or equivalent agency in the individual's state of birth;

5.2.1.3 Consular Report of Birth Abroad (CRBA) issued by the United States Department of State, Form FS-240, DS-1350 or FS-545;

5.2.1.4 Valid, unexpired Permanent Resident Card (Form I-551) issued by the United States Department of Homeland Security (DHS) or Citizenship and Immigration Services (CIS);

5.2.1.5 Unexpired employment authorization document (EAD) issued by the DHS, Form I-766 or Form I-688B;

5.2.1.6 Unexpired foreign passport with a valid, unexpired United States visa affixed accompanied by the approved I-94 form documenting the applicant's most recent admittance into the United States. Applicants presenting these documents must present a SSN or demonstrate non-work authorization status;

5.2.1.7 Certificate of Naturalization issued by the DHS, Form N-550 or Form N-570;

5.2.1.8 Certificate of Citizenship, Form N-550 or Form N-561, issued by the DHS;

5.2.1.9 Compliant driver license or identification card issued in compliance with the standards established by 6 CFR 37 or its equivalent as amended from time to time;

5.2.1.10 Such other documents as the DHS may designate by notice published in the Federal Register.

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: Older applicants may not have birth certificates because they were born in rural areas not under the care of a physician or for other reasons. If an applicant is unable to present any of the documents listed in subsection 5.2 to prove his identity and date of birth, the applicant should contact the Office of Vital Statistics in the state in which he was born to issue a "delayed or alternate" birth certificate in accordance with state procedures.

5.3.4 If the procedures listed in subsection 5.3 .3 are not feasible, as a last resort, the division may issue a non-compliant identification document provided the applicant has sufficient proof (school records, employment documents, social security card, and other records) demonstrating he has used this name, date of birth and gender consistently over a long period of time. The driving record will be annotated showing the identification documents were approved as exceptions and copies of the documents will be retained on file. Exceptions to name change procedures must be approved by 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. The applicant's personal identity will be verified using one or more of the approved source documents listed in subsection 5.2 . To change a person's gender, the applicant must complete the Request for Gender Change form detailing the applicant's request to have the gender designation on his/her driver license or identification card changed. The form requires the applicant's medical or social service provider to certify that, in his/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.

2 Del. Admin. Code § 2217-5.0

15 DE Reg. 687 (11/01/11)
20 DE Reg. 830 (4/1/2017) (Final)