Effective July 1, 2013, an amendment to the Delaware Domestic Relations Act gives same-sex couples the right to marry (DE Code Tit. 13 Sec. 101 et seq.). Under the law, the same rights, benefits, protections, and legal responsibilities apply to married same-sex couples and opposite-sex couples. All state laws applicable to marriage, spouses, or children of married spouses apply equally to same-sex and opposite-sex married couples and their children.
Conversion of existing civil unions. Couples in existing same-sex civil unions may obtain a marriage license in the county clerk's office from which their civil union license was issued. A civil union that has not been converted to a marriage by the couple before July 1, 2014, will automatically be converted to a marriage by operation of law. The provision does not apply if a proceeding for dissolution, annulment, or legal separation is pending. Civil union licenses are not available effective July 1, 2013.