Delaware Code Title 13 Sec. 209 – Record of solemnization; reported by whom; affidavit; evidentiary …
(a) The person who solemnizes a civil union shall, within 15 days after the solemnization of the civil union, return to the issuing clerk of the peace such forms and papers as the Department of Health and Social Services may prescribe. The clerk of the peace shall immediately enter in the books prescribed by the Department of Health and Social Services to record civil unions the date of the civil union solemnization and the name of the person performing the civil union solemnization.
Terms Used In Delaware Code Title 13 Sec. 209
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Civil union: means a legal union between 2 individuals of the same sex established pursuant to this chapter. See Delaware Code Title 13 Sec. 201
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) If any person who has solemnized a civil union fails to return the certificate of civil union to the issuing clerk of the peace for recording as required under subsection (a) of this section within 15 days of the solemnization of the civil union, the parties joined in the civil union may provide the clerk of the peace with a notarized affidavit attesting to the fact that they were joined in a civil union and stating the date and place of the solemnization of the civil union and the name of the person performing such solemnization. Upon the recording of that affidavit by the clerk of the peace, the civil union of the parties shall be deemed to be valid as of the date of the solemnization of the civil union stated in the affidavit.
(c) The certificate required by subsection (a) of this section or an affidavit recorded pursuant to subsection (b) of this section shall be prima facie evidence of the facts stated therein.
(d) Any person solemnizing a civil union in this State who fails to return the certificate of civil union to the issuing clerk of the peace for recording within 15 days of the solemnization of the civil union shall be assessed a $50 late fee by the issuing clerk of the peace. Any person with an unpaid civil penalty assessed by a clerk of the peace shall have that person’s authorization to solemnize civil unions in the State suspended until such penalty is paid in full.
(e) The person performing the civil union ceremony shall retain the original or a copy of the civil union license, as the Department of Health and Social Services shall direct, for not less than 1 year after the ceremony.
(f) The books, forms and records as may be prescribed by the Department of Health and Social Services for civil unions shall be kept by the issuing clerk of the peace in the issuing clerk of the peace’s office. They shall be public records open for the inspection of the public after 50 years, in accordance with § 3110 of Title 16, and shall be admitted as evidence of the facts therein contained in any court of record.