(a) No person shall retain an individual's genetic information without first obtaining informed consent from the individual unless:
(1) Retention is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding;
(2) Retention is necessary to determine paternity;
(3) Retention is authorized by order of a court of competent jurisdiction;
(4) Retention is made pursuant to the DNA analysis and data bank requirements of § 4713 of Title 29;
(5) Retention of information is for anonymous research where the identity of the subject will not be released; or
(6) Retention is pursuant to newborn screening requirements established by state or federal law.
(b) The sample of an individual from which genetic information has been obtained shall be destroyed promptly unless:
(1) Retention is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding;
(2) Retention is authorized by order of a court of competent jurisdiction; or
(3) Retention is authorized by the individual; or
(4) Retention is for anonymous research where the identity of the subject will not be released.
Structure Delaware Code
Chapter 12. INFORMED CONSENT AND CONFIDENTIALITY
Subchapter I. Genetic Information
§ 1202. Informed consent required to obtain genetic information.
§ 1204. Genetic information access by the subject.
§ 1205. Conditions for disclosure to others of genetic information.
§ 1206. Subchapter applicability.
§ 1208. Violations, penalties for unlawful disclosure of genetic information, jurisdiction.