Persons shall be eligible to enter into a civil union only if such persons both are:

1. (1) Not:

   1. a. A party to a civil union with a different person;
   2. b. A spouse in a marriage that is recognized as a marriage under Chapter 1 of this title; or
   3. c. A party to a substantially similar legal relationship as a civil union such as, but not limited to, a domestic partnership, with a different person;
2. (2) At least 18 years of age;
3. (3) Of the same sex; and
4. (4) Not related to the other proposed party to the civil union, as provided in § 203 of this title.

78 Del. Laws, c. 22, § 1