Proposed Law Would Simplify Gender Marker Update on Delaware Marriage Certificate

HB 375 would increase privacy and protections for transgender individuals in Delaware, creating a confidential file for original documents and allowing self-attestation for gender-marker changes on marriage certificates – and more

Legislators in Delaware are considering a new bill that would streamline how vital records are updated, including gender markers on marriage certificates. Introduced on April 15th, the bill would also create permanently confidential files for original records to help protect individuals’ privacy and safety. 

Currently, Delawareans who want to update their gender on a marriage certificate must provide paperwork to the State Office of Vital Statistics, including a signed affadavit from a medical or mental health professional who has treated or evaluated them for gender transition. For many transgender and intersex individuals, this process can be time-consuming and invasive, and unfortunately treats gender identity as a medical issue.

Under the proposed changes, individuals could amend their records with their local Clerk of the Peace office, and would no longer need documentation from a medical provider. Instead, individuals could submit one (or more) of the following: a certified copy of their court order for gender change, an updated birth certificate, a government-issued identity document, or an affidavit confirming the request reflects their gender identity (“self-attestation”). A notarized letter from their spouse agreeing to the change would also be required.

In addition to streamlining this application process, the bill also establishes a new gender-neutral marker (X, for nonbinary or intersex individuals) on vital records, and proposes creating a new permanently confidential file to store the originals after an amended  record is approved. The confidential file is intended to increase privacy and safety for transgender individuals who marry in the state, as well as Delawareans who update a gender marker on other vital records. 

The legislation, House Bill 375 (DE HB375 | 2025-2026), was introduced last week on April 15th, 2026. Supporters include Representatives Eric Morrison (Primary Sponsor), DeShanna Neal, Claire Snyder-Hall, and Mara Gorman, along with Senators Daniel Cruce, Marie Pinkney, and Elizabeth Lockman. 

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Excerpt from the DE HB375 Original Synopsis:

“This Act updates and modernizes Delaware law regarding birth certificates, death certificates, driver’s licenses, identification cards, and marriage license applications, licenses, and certificates (government documents) as follows: 

• Establishes uniform gender designations. 
• Provides uniform requirements when an individual seeks to change their gender designation. 
• Protects the privacy of records related to a change of an individual’s gender designation. 
• Revises existing law regarding marriage licenses and certificates to reflect current practices and to clarify current procedures. 

Under existing law, people can change their gender designation on these government documents. However, only the Office of Vital Statistics (OVS) can amend marriage certificates and the requirements to change gender on these government documents are only in regulations. These existing regulations require certification from a medical or social service provider certifying the individual’s true gender identity and do not explicitly keep the original documents and information submitted in support of the change confidential. 

Specifically, this Act does all of the following in Sections 1 through Section 6 of this Act: 

• Establishes, for these government documents, that “sex” or “gender” may be designated by “F” for female, “M” for male, or “X” for unspecified. Unspecified designates a gender identity that is not female or male. 
• Allows an individual to change their gender designation without a court order or certification from a medical or other service provider…

(continues)”
 

Read the full bill text here: An Act To Amend Title 13, Title 16, And Title 21 Of The Delaware Code Relating To Government Records. 

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