Definitions [For application of this section, see 84 Del. Laws, c. 261, § 16] [Effective until Dec. 6, 2026].

Del. Code tit. 16, § 3101

in effect

For purposes of this chapter: (1) “Dead body” means a lifeless human body or such parts of such human body from the condition of which it reasonably may be concluded that death recently occurred. (2) “Department” means the Department of Health and Social Services. (3) “File” means the presentation of a vital record provided for in this chapter for registration by the Office of Vital Statistics. (4) “Final remains” means the body of a deceased individual, including what results following cremation or natural organic reduction. (5) “Induced termination of pregnancy” means the purposeful interruption of an intrauterine pregnancy with the intention other than to produce a live-born infant or to remove a dead fetus and which does not result in a live birth. This definition excludes management of prolonged retention of products of conception following fetal death. (6) “Institution” means any establishment, public or private, which provides in-patient medical, surgical or diagnostic care or treatment or nursing, custodial or domiciliary care, or to which persons are committed by law. (7) “Live birth” means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which after expulsion or extraction breathes or shows any other evidence of life such as beating of the heart, pulsations of the umbilical cord or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. Heartbeats are to be distinguished from transient cardiac contractions; respirations are to be distinguished from fleeting respiratory efforts or gasps. (8) “Natural organic reduction” means the contained, accelerated conversion of human remains to soil. (9) “Natural organic reduction facility” means a structure, room, or other space in a building or a real property where natural organic reduction of a human body occurs. (10) “Physician” means a person authorized or licensed to practice medicine or osteopathy pursuant to the laws of this State. (11) “Registration” means the acceptance by the Office of Vital Statistics and the incorporation of vital records provided for in this chapter into its official records. (12) “Spontaneous fetal death” or “stillborn fetus” is defined as a spontaneous death (i.e., not an induced termination of pregnancy) prior to the complete expulsion or extraction from its mother of a product of conception. The death is indicated by the fact that after such separation, the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles. Heartbeats are to be distinguished from transient cardiac contractions; respirations are to be distinguished from fleeting respiratory efforts or gasps. (13) “Stillbirth” means any complete expulsion or extraction from its mother of a product of human conception that weighs 350 grams or more, or in the absence of weight, of 20 completed weeks gestation or more, resulting in other than a live birth and which is not an induced termination of pregnancy. (14) “System of vital statistics” means the registration, collection, preservation, amendment and certification of vital records; the collection of other reports required by this chapter; and activities related thereto including the tabulation, analysis and publication of vital statistics. (15) “Vital records” means certificates or reports of birth, death, marriage, divorce or annulment, and data related thereto. (16) “Vital statistics” means the data derived from certificates and reports of birth, death, spontaneous fetal death, marriage, divorce or annulments, and related reports.

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title16/c031/sc01/index.htmlFetched: 10/4/2026