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Delaware Senate Republicans

Senate Passes Pettyjohn Bill to Address Legal Gap in Birth Certificate Law

May 8, 2025

DOVER, Del. — The Delaware State Senate today passed legislation sponsored by Senate Republican Whip Brian Pettyjohn (R – Georgetown) to resolve a legal conflict affecting the ability to list a deceased father’s name on a birth certificate in certain assisted reproduction cases.

Senate Substitute 1 to Senate Bill 119 (SB 119) directs the State Registrar of Vital Statistics to amend the birth certificate of Levi Ryan Murray to include the name of his father, Ryan Murray, who passed away after the creation of the embryo but before its implantation. Current Delaware law does not clearly address this circumstance, leading to uncertainty and delays for the Murray family.

“This bill ensures that Levi’s birth certificate accurately and rightfully reflects his father’s name,” said Senator Pettyjohn. “While SB 119 provides a necessary and immediate solution for this family, it also brings to light a broader issue within Delaware code. Our laws must evolve to keep pace with advancements in reproductive medicine and the real-life circumstances families face.”

Senator Pettyjohn emphasized that although this legislation only serves one family, it underscores the need for a larger policy conversation.

“This situation has revealed an urgent gap in our laws that the General Assembly must address,” Pettyjohn added. “As reproductive technology continues to advance, we need to ensure that Delaware law is clear, compassionate, and adaptable. Families facing similar circumstances in the future deserve both legal certainty and the dignity of having their loved ones properly recognized.”

SB 119 now moves to the House of Representatives for consideration.

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