(a) Except as otherwise provided in subsection (b) of § 8-405 of this title, a man who desires to be notified of a proceeding for adoption of, or termination of parental rights regarding, the man’s genetic child must register in the registry of paternity established by § 8-401 of this title before the birth of the child or not later than 30 days after the birth.

(b) A man is not required to register under subsection (a) of this section if:

(1) A parent-child relationship between the man and the child has been established under this chapter or the law of this State other than this chapter; or

(2) The man commences a proceeding to adjudicate the man’s parentage before a court has terminated the man’s parental rights.

(c) A man who registers under subsection (a) of this section shall notify the registry promptly in a record of any change in the information registered. The Office of Vital Statistics shall incorporate new information received into Office’s records but need not seek to obtain current information for incorporation in the registry.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 27; 

(a) An individual who seeks to adopt a child or terminate parental rights to the child shall give notice of the proceeding to a man who has registered timely under § 8-402(a) of this title regarding the child.

(b) Notice must be given in a manner prescribed for service of process in a civil proceeding in this State.

74 Del. Laws, c. 136, §  1;  85 Del. Laws, c. 276, § 28; 

An individual who seeks to adopt a child or terminate parental rights to the child is not required to give notice of the proceeding to a man who may be the genetic father of the child if:

(1) The child is under 1 year of age at the time of the termination of parental rights;

(2) The man did not register timely with the Office of Vital Statistics under § 8-402(a) of this title; and

(3) The man is not exempt from registration under § 8-402(b) of this title.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 29; 

(a) If a child is at least 1 year of age, an individual seeking to adopt or terminate parental rights to the child shall give notice of the proceeding to each alleged genetic father of the child, whether or not the alleged genetic father has registered under § 8-402(a) of this title unless the alleged genetic father’s parental rights have already been terminated.

(b) Notice must be given in a manner prescribed for service of process in a civil proceeding in this State.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 30; 

(a) The Office of Vital Statistics shall prescribe a form for registering under § 8-402(a) of this title. The form must state that:

(1) The man who registers signs the form under penalty of perjury.

(2) Timely registration entitles the man who registers to notice of a proceeding for adoption of the child or termination of the man’s parental rights;

(3) Timely registration does not commence a proceeding to establish parentage;

(4) The information disclosed on the form may be used against the man to establish parentage;

(5) Services to assist in establishing parentage are available to the man who registers through the child-support agency;

(6) The man who registers also may register in a registry of paternity in another state if conception or birth of the child occurred in the other state.

(7) Information on registries of paternity of other states is available from the Office of Vital Statistics and the child-support agency; and

(8) Procedures exist to rescind the registration.

(b) A man who registers under § 8-402(a) of this title shall sign the form described in subsection (a) of this section under penalty of perjury.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 31; 

(a) The Office of Vital Statistics is not required to seek to locate the individual who gave birth to the child who is the subject of a registration under § 8-402(a) of this title, but the Office of Vital Statistics shall give notice of the registration to that individual if the Office of Vital Statistics has that individual’s address.

(b) Information contained in the registry established by § 8-401 of this title is confidential and may be released on request only to:

(1) A court or an individual designated by the court;

(2) The individual who gave birth to the child who is the subject of the registration;

(3) An agency authorized by law of this State other than this chapter, law of another state, or federal law to receive the information;

(4) A licensed child-placing agency;

(5) A child-support agency;

(6) A party or the party’s attorney of record in a proceeding under this chapter or in a proceeding to adopt or to terminate parental rights to the child who is the subject of the registration; and

(7) A registry of paternity in another state.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 32; 

(a) An individual may not intentionally release information from the registry established by § 8-401 of this title to an individual or agency not authorized under § 8-407(b) of this title to receive the information.

(b) A violation of this section is a class A misdemeanor.

(c) The Superior Court has exclusive jurisdiction over a violation of this section.

85 Del. Laws, c. 276, § 33; 

A man who registers under § 8-402(a) of this title may rescind registration at any time by filing with the registry established by § 8-401 of this title a rescission in a signed record that is attested by a notarial officer or witnessed.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;  85 Del. Laws, c. 276, § 34; 

If a man registers under § 8-402(a) of this title more than 30 days after the birth of the child, the Office of Vital Statistics shall notify the man that, based on a review of the registration, the registration was not filed timely.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 35; 

(a) The Office of Vital Statistics may not charge a fee for filing a registration under § 8-402(a) of this title or a rescission of registration under § 8-409 of this title.

(b) Except as otherwise provided in subsection (c) of this section, the Office of Vital Statistics may charge a reasonable fee to search the registry established by § 8-401 of this title and for furnishing a certificate of search under § 8-414 of this title.

(c) A child-support agency and other appropriate agencies of this State, if any, are not required to pay a fee authorized by subsection (b) of this section.

74 Del. Laws, c. 136, §  1;  85 Del. Laws, c. 276, § 36; 

This Part does not apply to a child born through assisted reproduction.

85 Del. Laws, c. 276, § 37; 

If a parent-child relationship has not been established under this chapter between a child who is under 1 year of age and an individual other than the individual who gave birth to the child:

(1) An individual seeking to adopt or terminate parental rights to the child shall obtain a certificate of search under § 8-414 of this title to determine if a registration has been filed in the registry established by § 8-401 of this title regarding the child; and

(2) If the individual has reason to believe that conception or birth of the child may have occurred in another state, the individual shall obtain a certificate of search from the registry, if any, in that state.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 38; 

(a) The Office of Vital Statistics shall furnish a certificate of search of the registry established by § 8-401 of this title on request to an individual, court, or agency identified in § 8-407(b) of this title or an individual required under § 8-413(1) of this title to obtain a certificate.

(b) A certificate furnished under subsection (a) of this section:

(1) Must be signed on behalf of the Office of Vital Statistics and state that:

a. A search has been made of the registry; and

b. A registration under § 8-402(a) of this title containing the information required to identify the man who registered under § 8-402(a) of this title:

1. Has been found; or

2. Has not been found; and

(2) If paragraph (b)(1)b.1. of this section applies, must have a copy of the registration attached.

(c) An individual seeking to adopt or terminate parental rights to a child must file with the court the certificate of search furnished under subsection (a) of this section and § 8-413(2) of this title, if applicable, before a proceeding to adopt or terminate parental rights to the child may be concluded.

74 Del. Laws, c. 136, §  1;  85 Del. Laws, c. 276, § 39; 

A certificate of search of a registry of paternity in this or another state is admissible in a proceeding for adoption of, or termination of, parental rights to a child and, if relevant, in other legal proceedings.

74 Del. Laws, c. 136, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 276, § 40;