{"schema":"abhortion.org/legislation.full/v1","id":"legality-us-de","type":"legislation","level":"state","jurisdiction":"Delaware","as_of_date":"2026-07-12","research_completed_date":"2026-07-12","headline":"Legal to viability; statutory protection","summary":"Abortion is legal in Delaware until viability, with post-viability exceptions for life, health, and fatal fetal anomalies.","machine_readable_summary":{"legal_classification":"protected_by_statute","gestational_limit_weeks":null,"limit_measured_from":null,"abortion_currently_available":"yes","ban_or_limit_enjoined":false,"mother_expressly_exempt":true,"mother_prosecutable_in_practice":false,"self_managed_abortion_criminalized":false,"abortion_charged_as_homicide":false,"fetal_homicide_law":true,"fetal_wrongful_death_action":true,"personhood_language_in_law":false,"personhood_contradiction":true,"medication_abortion_distinct_status":true,"mailing_pills_banned":false,"method_bans":[],"telehealth_prescribing_allowed":true,"physician_only_law":false,"provider_max_penalty":"Class A misdemeanor, up to 1 year, $2,300 fine (parental notice violation only)","helpers_criminally_exposed":false,"travel_assistance_criminalized":false,"civil_bounty_law":false,"shield_state":true,"waiting_period_hours":null,"state_scripted_counseling":false,"ultrasound_required":"none","in_person_visits_required":0,"parental_involvement":"notification_only","judicial_bypass_available":true,"spousal_consent_or_notice_on_books":false,"medicaid_coverage":"broader_than_hyde","private_insurance_restricted":false,"state_funding_posture":"funds_providers","rape_incest_exception":"not_applicable","exceptions_present":["life","physical_health","fatal_fetal_anomaly","ectopic_miscarriage_carveout"],"major_pending_change":true},"links":{"html":"https://www.abhortion.org/legislation/de.html","markdown":"https://www.abhortion.org/legislation/de.md","summary_json":"https://www.abhortion.org/legislation/de.json","full_json":"https://www.abhortion.org/legislation/de-full.json","verbose_json":"https://www.abhortion.org/legislation/de-verbose.json"},"overview":{"title":"Legal to viability; statutory protection","summary":"Abortion is legal in Delaware until viability, with post-viability exceptions for life, health, and fatal fetal anomalies.","description":"Delaware law expressly protects the right to abortion. A person can obtain an abortion until the point of viability — when the fetus can survive outside the womb — and afterward if the pregnancy endangers the woman's life or health, or the fetus has a condition making sustained survival unlikely. Delaware repealed its pre-Roe criminal abortion ban in 2021 and enacted a comprehensive shield law in 2022 to protect providers, patients, and helpers from out-of-state legal actions. The state requires no waiting periods, no scripted counseling, and no ultrasound. Medication abortion can be prescribed by telehealth, and advanced practice clinicians — not just physicians — may provide abortions. A constitutional amendment to enshrine reproductive freedom passed the Senate in 2025 but did not advance in the House; it may be reintroduced.","verification":"verified","confidence":"high","sources":[{"name":"Delaware Code Online","href":"https://delcode.delaware.gov/title24/c017/sc09/index.html"},{"name":"Delaware General Assembly","href":"https://legis.delaware.gov/BillDetail/48421"}]},"sections":{"definitions":{"title":"Abortion defined; miscarriage and ectopic carved out","summary":"Statutory 'abortion' means using any instrument, medicine, or device to terminate a known pregnancy with intent other than to produce a live birth or remove a dead fetus.","description":"Delaware law defines 'abortion' as using any instrument, medicine, drug, or other substance or device to end a pregnancy when the woman is known to be pregnant, with an intention other than to help a live birth happen, preserve the life or health of the child after live birth, or remove a dead fetus. This definition — found in the Parental Notice of Abortion Act — carves out treatment of miscarriage (removal of a dead fetus) and treatment directed at preserving the life or health of a fetus or newborn. The definition also excludes IVF and embryos outside the womb because it requires a 'woman known to be pregnant.' Ectopic pregnancy management is effectively outside the definition because it is a medical emergency outside the scope of the statute's restrictions.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/delaware/title-24/chapter-17/subchapter-viii/section-1782"}]},"current_status":{"title":"Legal to viability; no gestational week cutoff","summary":"Abortion is affirmatively authorized before viability; post-viability, permitted only for life, health, or fatal fetal anomaly.","description":"Delaware law does not set a specific number of weeks as the cutoff for abortion. Instead, abortion is legal until the point of viability — when a fetus can survive outside the womb. After viability, abortion is permitted only when the physician determines in good faith that it is necessary to protect the pregnant woman's life or health, or when the fetus has an anomaly that means it cannot reasonably survive outside the womb without extraordinary medical measures. The physician makes this judgment; the law does not impose a fixed timeline.","verification":"verified","confidence":"high","sources":[{"name":"Delaware Code Online","href":"https://delcode.delaware.gov/title24/c017/sc09/index.html"}]},"enforcement_status":{"title":"Fully in effect; no injunctions","summary":"Delaware's abortion statute is fully operative and not subject to any injunction; the pre-Roe criminal ban was repealed rather than enjoined.","description":"Delaware's current abortion law is fully in effect and not blocked by any court. The state did not leave a pre-Roe ban on the books to be reactivated when Dobbs was decided — instead, the legislature proactively repealed the old criminal abortion statutes in 2021. Delaware also enacted a comprehensive shield law in 2022 to protect abortion providers, patients, and helpers from out-of-state legal actions. The Attorney General, Kathy Jennings, has launched an Abortion Legal Helpline to assist those seeking care.","verification":"verified","confidence":"high","sources":[{"name":"Delaware General Assembly","href":"https://legis.delaware.gov/BillDetail/48421"},{"name":"Delaware General Assembly","href":"https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327"}]},"exceptions":{"life":{"title":"Life exception post-viability","type":"life","summary":"After viability, abortion is permitted when necessary in the physician's good-faith medical judgment to protect the woman's life.","description":"After the point of viability, Delaware law allows an abortion when the physician determines in good faith that it is necessary to protect the pregnant woman's life. No additional certification, second-physician consultation, or documentation is required beyond the physician's good-faith medical judgment.","verification":"verified","confidence":"high","sources":[{"name":"Delaware Code Online","href":"https://delcode.delaware.gov/title24/c017/sc09/index.html"}]},"physical_health":{"title":"Health exception post-viability","type":"physical_health","summary":"After viability, abortion is permitted when necessary in the physician's good-faith medical judgment to protect the woman's health.","description":"After viability, an abortion is allowed when the physician determines in good faith that it is necessary to protect the woman's health. The statute does not distinguish between physical and mental health, and it does not require the health risk to be 'severe,' 'irreversible,' or 'imminent.' The physician's good-faith medical judgment is the standard.","verification":"verified","confidence":"high","sources":[{"name":"Delaware Code Online","href":"https://delcode.delaware.gov/title24/c017/sc09/index.html"}]},"mental_health":{"title":"Mental health not separately limited","type":"mental_health","summary":"The health exception does not distinguish between physical and mental health; both are covered by the physician's good-faith medical judgment.","description":"Delaware's post-viability health exception uses the word 'health' without limiting it to physical health. This means mental health conditions — such as severe depression, suicidal ideation, or worsening of a psychiatric condition — can justify a post-viability abortion if the physician determines in good faith that termination is necessary to protect the woman's health.","verification":"verified","confidence":"medium","sources":[{"name":"Delaware Code Online","href":"https://delcode.delaware.gov/title24/c017/sc09/index.html"}]},"rape":{"title":"Rape/incest: not needed pre-viability","type":"rape","summary":"Because abortion is legal before viability without restriction, a specific rape or incest exception is unnecessary before viability; they are encompassed within the general authorization.","description":"Delaware law does not require a rape or incest exception because abortion is freely permitted until viability for any reason. After viability, rape and incest are not enumerated as independent exceptions, though the life/health exception would cover severe psychological harm from carrying a pregnancy resulting from rape or incest.","verification":"verified","confidence":"high","sources":[{"name":"Delaware Code Online","href":"https://delcode.delaware.gov/title24/c017/sc09/index.html"}]},"incest":{"title":"Incest: not needed pre-viability","type":"incest","summary":"Same as rape — a separate incest exception is not needed because abortion is permitted without restriction before viability.","description":"The same analysis applies to incest as to rape. No separate incest exception exists because it is unnecessary before viability. After viability, a pregnancy from incest could be terminated under the health exception if the physician's good-faith medical judgment supports it.","verification":"verified","confidence":"high","sources":[{"name":"Delaware Code Online","href":"https://delcode.delaware.gov/title24/c017/sc09/index.html"}]},"fatal_fetal_anomaly":{"title":"Fatal fetal anomaly exception post-viability","type":"fatal_fetal_anomaly","summary":"After viability, abortion is permitted when there is not a reasonable likelihood of the fetus's sustained survival without extraordinary medical measures.","description":"A post-viability abortion is specifically permitted when the fetus has an anomaly — such as a severe developmental or genetic condition — for which there is no reasonable likelihood of sustained survival outside the uterus without extraordinary medical measures. The physician makes this determination in good faith.","verification":"verified","confidence":"high","sources":[{"name":"Delaware Code Online","href":"https://delcode.delaware.gov/title24/c017/sc09/index.html"}]},"ectopic_miscarriage_carveout":{"title":"Miscarriage and ectopic care excluded","type":"ectopic_miscarriage_carveout","summary":"The statutory definition of 'abortion' expressly excludes removal of a dead fetus; ectopic pregnancy management is outside the statute's reach.","description":"Delaware's legal definition of abortion does not include the removal of a dead fetus — which means miscarriage management is not regulated as an abortion. Ectopic pregnancy treatment is similarly outside the law's scope because it is standard medical care for a life-threatening condition, not an abortion as the statute defines it.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/delaware/title-24/chapter-17/subchapter-viii/section-1782"}]}},"methods":{"procedural_surgical":{"title":"Legal; no method-specific bans","summary":"Procedural abortion is legal before viability without restriction; Delaware has no D&E or D&X ban.","description":"Surgical or procedural abortion — including suction aspiration, dilation and evacuation (D&E), and induction — is legal in Delaware until viability. The state has not enacted any method-specific ban such as a 'dismemberment abortion' ban targeting D&E or a 'partial-birth abortion' ban. The only method-related restriction is the federal Partial-Birth Abortion Ban Act of 2003, which is enforceable nationwide.","verification":"verified","confidence":"high","sources":[{"name":"Delaware Code Online","href":"https://delcode.delaware.gov/title24/c017/sc09/index.html"}]},"medication":{"title":"Legal; APRNs and PAs can prescribe","summary":"Medication abortion is expressly authorized; APRNs and physician associates may prescribe mifepristone and misoprostol, including by telehealth.","description":"Medication abortion — using mifepristone and misoprostol — is expressly authorized by Delaware statute. The law specifically names Mifeprex, Mifepristone, and Misoprostol and permits physician associates and advanced practice registered nurses (such as nurse practitioners and certified nurse midwives) to prescribe them. Delaware does not require in-person dispensing, and telehealth prescribing is permitted. The state's shield law further protects providers who prescribe medication abortion to out-of-state patients. The FDA's REMS program still governs mifepristone at the federal level but does not prohibit telehealth prescribing.","verification":"verified","confidence":"high","sources":[{"name":"Delaware Code Online","href":"https://delcode.delaware.gov/title24/c017/sc09/index.html"}]},"self_managed":{"title":"Not criminalized; mother exempt","summary":"Self-managed abortion is not criminalized in Delaware; the pre-Roe criminal statutes that could have reached the pregnant woman were repealed in 2021.","description":"A person who ends her own pregnancy — whether by obtaining pills online without a prescription, using herbs, or by other means — faces no criminal liability under Delaware law. The old criminal abortion statutes that might have been used to prosecute someone for self-managing an abortion were repealed in 2021. Today, Delaware's abortion law regulates providers, not the pregnant person. The pregnant woman is not mentioned in any criminal provision now on the books in connection with abortion.","verification":"verified","confidence":"high","sources":[{"name":"Delaware General Assembly","href":"https://legis.delaware.gov/BillDetail/48421"}]}},"actors":{"who_may_perform":{"title":"Physicians, PAs, and APRNs authorized","summary":"Abortion may be performed by physicians, physician associates with a collaborative agreement, and specially trained certified nurse midwives or NPs — not physician-only.","description":"Delaware law authorizes three categories of clinicians to perform abortions: physicians, physician associates (with a collaborative agreement with a trained physician), and advanced practice registered nurses — specifically certified nurse midwives and certified nurse practitioners — who have completed approved training. This is broader than many states' physician-only laws. There is no requirement that the procedure be performed in a hospital or ambulatory surgical center.","verification":"verified","confidence":"high","sources":[{"name":"Delaware Code Online","href":"https://delcode.delaware.gov/title24/c017/sc09/index.html"}]},"criminal_civil_exposure":{"pregnant_woman":{"title":"No criminal or civil exposure","summary":"The pregnant woman is not subject to any criminal or civil liability for obtaining or seeking an abortion; the repealed criminal provisions that once reached her no longer exist.","description":"Under current Delaware law, a pregnant woman faces no criminal or civil liability for obtaining an abortion at any stage of pregnancy, by any method. The statute that previously made it a felony for a woman to 'submit to an abortion' (former 11 Del. C. § 652) was repealed in 2021. The current regulatory structure governs provider conduct, not patient conduct. The homicide code's provisions for abuse of a pregnant female apply to third-party violence, not to the woman herself.","verification":"verified","confidence":"high","sources":[{"name":"Delaware General Assembly (session law chp 327)","href":"https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327"}]},"physician":{"title":"No criminal penalty; license shield","summary":"Physicians face no criminal penalty for performing abortion in compliance with § 1790; violation of parental-notice requirements is a class A misdemeanor (1 year, $2,300).","description":"Physicians who perform abortions in compliance with Delaware law face no criminal penalty. The only criminal exposure is for violating the parental notice requirements for minors under 16 — a class A misdemeanor punishable by up to 1 year in jail and a $2,300 fine. Delaware's shield law protects physicians from professional discipline for providing reproductive health services that are lawful in Delaware, even if the patient is from a state where such services are illegal.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/delaware/title-24/chapter-17/subchapter-viii/section-1789"},{"name":"Justia","href":"https://law.justia.com/codes/delaware/title-11/chapter-42/section-4206"}]},"prescriber_pharmacist":{"title":"No criminal exposure; shield protections","summary":"Non-physician prescribers (PAs, APRNs) and pharmacists face no criminal penalty for prescribing or dispensing medication abortion in compliance with the law.","description":"Physician associates and advanced practice registered nurses who prescribe medication abortion within their statutory authority face no criminal exposure. Pharmacists who fill these prescriptions — whether for an in-state or out-of-state patient — are also not criminalized under Delaware law, and the shield law protects them from out-of-state professional discipline or legal action. The parental-notice penalty applies to 'any person' who performs an abortion on a minor in violation of notice requirements, so non-physician providers face the same class A misdemeanor exposure for that violation.","verification":"verified","confidence":"high","sources":[{"name":"Delaware Code Online","href":"https://delcode.delaware.gov/title24/c017/sc09/index.html"}]},"nurses_and_staff":{"title":"No direct criminal exposure","summary":"Clinic staff assisting in lawful abortions face no criminal liability; the shield law protects them from out-of-state actions.","description":"Nurses and clinic staff who assist in performing lawful abortions face no criminal or civil liability under Delaware law. The state's abortion regulations are directed at those who perform the procedure, not at assisting staff. The conscience clause (§ 1791) protects staff who refuse to participate, but participating staff are not separately regulated. The shield law further insulates assisting staff from out-of-state subpoenas, professional discipline, and legal actions.","verification":"verified","confidence":"high","sources":[{"name":"Delaware Code Online","href":"https://delcode.delaware.gov/title24/c017/sc09/index.html"}]},"other_helpers":{"title":"No exposure; shield law protected","summary":"Friends, family, employers, and abortion funds face no criminal or civil liability under Delaware law for helping someone obtain an abortion.","description":"A friend who drives someone to a clinic, a parent who pays for an abortion, an employer who reimburses travel costs — none face criminal or civil liability under Delaware law. The statutory prohibition on 'assisting' (§ 1794) applies only when the abortion is not authorized by § 1790. Since pre-viability abortions are fully authorized, assisting them carries no sanction. The shield law's public policy declaration and its anti-subpoena provisions further protect helpers.","verification":"verified","confidence":"high","sources":[{"name":"Delaware General Assembly (session law chp 327)","href":"https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327"}]}}},"aiding_and_assisting":{"travel_assistance":{"title":"Not criminalized; shield protects","summary":"Helping someone travel out of state for an abortion is fully legal in Delaware and protected by the shield law from out-of-state actions.","description":"There is no Delaware law that makes it a crime to help someone travel to another state to obtain an abortion. Delaware has not enacted an 'abortion trafficking' or 'aiding travel' statute. The shield law's broad protections against out-of-state legal actions extend to anyone who helps someone access reproductive health services that are lawful in Delaware, including facilitating travel.","verification":"verified","confidence":"high","sources":[{"name":"Delaware General Assembly (session law chp 327)","href":"https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327"}]},"funding":{"title":"Not criminalized; shield protects","summary":"Paying for an abortion or abortion-related travel — including by abortion funds or employers — faces no legal barrier in Delaware.","description":"Delaware imposes no restrictions on who can pay for an abortion. Abortion funds, nonprofit organizations, employers, friends, and family members can all contribute financially without legal exposure. The shield law's public-policy declaration and its clawback provision (§ 3929) allow a person subjected to an out-of-state judgment for funding abortion to recover damages from the party that brought the action.","verification":"verified","confidence":"high","sources":[{"name":"Delaware General Assembly (session law chp 327)","href":"https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327"}]},"mailing_pills":{"title":"Not banned; shield protects","summary":"Delaware does not prohibit mailing abortion medication into or within the state; the shield law protects providers who mail pills to out-of-state patients.","description":"Sending abortion medication by mail is not prohibited by Delaware law. The state has no statute banning the mailing or delivery of mifepristone or misoprostol. Providers who mail pills to patients in states with abortion bans are protected by Delaware's shield law from out-of-state legal actions, though they may face legal risk if they physically enter the ban state. The federal Comstock Act is not enforced by the current administration, and the FDA's regulation of mifepristone allows mail dispensing under its REMS.","verification":"verified","confidence":"medium","sources":[{"name":"Delaware General Assembly (session law chp 327)","href":"https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327"}]},"providing_information":{"title":"No liability; First Amendment limits","summary":"Providing information or referrals about abortion is not prohibited by Delaware law; any restriction would face First Amendment scrutiny.","description":"Giving someone information about where or how to obtain an abortion — whether by sharing a website, a phone number, or a clinic address — is not a crime in Delaware. The shield law's broad protections extend to those who provide information or counseling about reproductive health services. Delaware has no law requiring counselors to give state-scripted information, and no law restricting what information can be shared.","verification":"verified","confidence":"high","sources":[{"name":"Delaware Code Online","href":"https://delcode.delaware.gov/title24/c017/sc09/index.html"}]},"civil_bounty":{"title":"No SB8-style bounty law","summary":"Delaware has no private civil enforcement mechanism like Texas's SB 8; no person can sue another for having, performing, or assisting an abortion.","description":"Delaware has not enacted any law that allows private citizens to sue someone for obtaining, performing, or helping with an abortion. There is no 'bounty' or private civil enforcement mechanism. To the contrary, the shield law declares such out-of-state laws contrary to Delaware public policy and allows Delaware residents to recover damages if they are sued under another state's bounty law.","verification":"verified","confidence":"high","sources":[{"name":"Delaware General Assembly (session law chp 327)","href":"https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327"}]}},"procedural_requirements":{"waiting_period":{"title":"No waiting period","summary":"Delaware imposes no mandatory waiting period between counseling and the abortion procedure.","description":"Delaware does not require a person to wait any period of time between receiving information about the abortion and having the procedure. A person can have their consultation and abortion on the same day. The only timing requirement is the 24-hour advance notice to a parent or guardian for minors under 16, which is a notice requirement, not a waiting period for the procedure itself.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/delaware/title-24/chapter-17/subchapter-viii/section-1783"}]},"mandatory_counseling":{"title":"No state-scripted counseling","summary":"Delaware imposes no mandatory state-scripted counseling or materials; general medical informed consent applies.","description":"Delaware does not require a person seeking an abortion to receive state-scripted counseling or state-produced materials. There is no requirement that a provider read a state-written script about fetal development, alternatives to abortion, or any other topic. Standard informed consent under general medical law applies, but the state does not dictate its content for abortion specifically.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/delaware/title-24/chapter-17/subchapter-viii/section-1783"}]},"ultrasound_requirement":{"title":"No ultrasound requirement","summary":"Delaware does not require an ultrasound before an abortion, whether to be performed, offered, or displayed.","description":"Delaware law does not require an ultrasound at any stage of the abortion process. A provider does not have to perform an ultrasound, offer to perform one, describe the image, or display it to the patient. The decision to use ultrasound is a clinical one left to the provider and patient.","verification":"not_applicable","confidence":"high"},"in_person_visits":{"title":"Zero required in-person visits","summary":"Delaware requires zero in-person visits for abortion; telehealth prescribing of medication abortion is permitted.","description":"A person in Delaware can obtain a medication abortion entirely through telehealth — a video or phone consultation, a mailed prescription, and the pills taken at home — with no in-person visit required. For procedural abortion, only a single clinic visit is needed. No law requires multiple trips.","verification":"verified","confidence":"high","sources":[{"name":"Delaware Code Online","href":"https://delcode.delaware.gov/title24/c017/sc09/index.html"}]}},"minors":{"parental_involvement":{"title":"Parental notice required under 16","summary":"Minors under 16 must have at least 24 hours' notice given to one parent, grandparent, or licensed mental health professional before an abortion; judicial bypass available.","description":"Delaware requires that before a person under age 16 can have an abortion, at least 24 hours' actual notice must be given to one or both parents (custodial or noncustodial), a grandparent, a licensed mental health professional, or a legal guardian. This is a notice requirement — not consent. The minor does not need the parent's permission; the parent only needs to be told. If notifying a parent is not in the minor's best interest or if she is mature enough to make the decision herself, she can go to Family Court and ask a judge to waive the notice requirement. A medical emergency exception also applies. Emancipated minors are exempt from the requirement entirely.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/delaware/title-24/chapter-17/subchapter-viii/section-1783"}]},"judicial_bypass":{"title":"Judicial bypass available","summary":"A minor may petition Family Court for a waiver; the court must grant it if the minor is mature and well-informed or if waiver is in her best interest.","description":"If a person under 16 does not want to notify a parent, she can go to Family Court and ask a judge to waive the notice requirement. The judge must grant the waiver if the minor shows she is mature and well-informed enough to make the decision on her own, or if waiver is in her best interest. The proceeding is confidential, and the minor can appeal if the waiver is denied. The court must rule promptly.","verification":"semi_verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/delaware/title-24/chapter-17/subchapter-viii/section-1784"}]}},"paternal_spousal_rights":{"consent_or_notice_laws":{"title":"No spousal consent or notice law","summary":"Delaware has never had — or has repealed — any law requiring spousal or paternal consent or notice for abortion.","description":"Delaware law does not require a married person to get their spouse's consent or to notify their spouse before having an abortion. The father of the fetus has no legal right to consent to, be notified of, or veto an abortion. Any such law would be unconstitutional under U.S. Supreme Court precedent.","verification":"semi_verified","confidence":"high","sources":[{"name":"Arizona State University Embryo Project","href":"https://embryo.asu.edu/pages/planned-parenthood-v-danforth-1976"}]},"enforceability":{"title":"Not on the books; Danforth controls","summary":"No spousal provision exists to enforce; Danforth and Casey would foreclose any such enactment, though Dobbs has unsettled the constitutional landscape.","description":"Because Delaware has no spousal consent or notice statute, there is nothing to enforce. If such a law were enacted, it would likely be challenged under the federal constitutional principles articulated in Danforth and Casey. The Dobbs decision removed the federal constitutional right to abortion, potentially reopening the question, but Delaware's own statutory protections for abortion would independently bar any spousal-veto mechanism because they affirmatively guarantee abortion access.","verification":"not_applicable","confidence":"high"},"other_paternal_rights":{"title":"Wrongful-death standing for viable fetus","summary":"Delaware case law recognizes wrongful-death claims for viable fetuses; the father may have standing as a beneficiary.","description":"Delaware law does not give a father the right to prevent an abortion. However, under the state's wrongful death statutes and court decisions, if a fetus that could survive outside the womb is killed by someone's negligence (such as in a car accident), the parents — including the father — may be able to bring a wrongful death claim. This right exists only for viable fetuses and does not apply to lawful abortions.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/cases/delaware/superior-court/1956/128-a-2d-557-4.html"}]}},"fetal_personhood":{"fetal_homicide_law":{"title":"Fetal homicide: third-party violence only","summary":"Abuse of a pregnant female causing unlawful termination of pregnancy is a felony, but the statute requires an underlying assault or violent felony against the woman and does not apply to lawful abortion.","description":"Delaware has two fetal-homicide-style statutes: abuse of a pregnant female in the first degree (class B felony) and second degree (class C felony). Both apply when someone commits an assault or violent felony against a pregnant woman and, in the course of that crime, causes the unlawful termination of her pregnancy — without her consent. These laws punish violence against pregnant women; they do not criminalize abortion. The statutes explicitly require that the pregnancy termination be 'without her consent,' which excludes any lawful medical procedure to which the woman consents.","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/codes/delaware/title-11/chapter-5/subchapter-ii/section-606"}]},"wrongful_death":{"title":"Wrongful-death for viable fetus","summary":"Delaware recognizes a civil wrongful-death cause of action for a viable fetus, established by Worgan v. Greggo & Ferrara (1956).","description":"Under Delaware case law, if a fetus that can survive outside the womb dies because of someone's negligence, the parents can bring a wrongful death lawsuit. This right has existed since 1956 and applies only to viable fetuses — those developed enough to potentially survive outside the womb. It does not apply to lawful abortion, which is by definition not 'wrongful.'","verification":"verified","confidence":"high","sources":[{"name":"Justia","href":"https://law.justia.com/cases/delaware/superior-court/1956/128-a-2d-557-4.html"}]},"personhood_definition":{"title":"No statutory fetal personhood","summary":"Delaware has no constitutional or statutory definition deeming a fetus a 'person,' 'human being,' or 'child' from conception.","description":"Delaware does not have a law — either in its constitution or its statutes — that defines a fetus as a 'person' or a 'human being' from the moment of conception. The state has not adopted a fetal-personhood amendment, ballot measure, or statute. The abortion law treats the fetus differently at viability, but it does not declare the fetus to be a legal person.","verification":"not_applicable","confidence":"high"},"contradictions_analysis":"Delaware's law exhibits a tension — though a relatively mild one compared to other jurisdictions — between its treatment of the unborn in different contexts. The abortion statute (24 Del. C. § 1790) permits abortion freely before viability, treating the decision as one between the patient and provider. Yet the wrongful-death case law (Worgan v. Greggo & Ferrara, 1956) allows civil damages for the death of a viable fetus, and the criminal code (11 Del. C. §§ 605–606) enhances penalties for third parties who cause the 'unlawful termination' of a pregnancy during an assault on the woman. These provisions do not conflict directly with the abortion statute because they all require that the termination be 'unlawful' or 'wrongful' — and a lawful abortion under § 1790 is neither. But they create a cognitive dissonance: the law simultaneously treats the viable fetus as having sufficient interests to support a civil wrongful-death claim (or enhanced criminal penalties) while also permitting its intentional termination with the woman's consent. The law resolves this by placing the woman's consent as the dividing line: the fetus has protected interests against third-party violence, but those interests yield to the pregnant woman's autonomy and medical judgment. The absence of statutory fetal personhood prevents the kind of direct contradiction seen in states that define life as beginning at conception while also permitting abortion. Should SB 5 (the reproductive freedom constitutional amendment) pass in a future session, it would further entrench autonomy as the organizing principle, foreclosing any personhood-based argument."},"telehealth_and_interstate":{"telehealth_prescribing":{"title":"Telehealth permitted","summary":"Abortion medication can be prescribed by telehealth to a patient in Delaware, by in-state or out-of-state providers acting within Delaware law.","description":"Delaware allows abortion medication to be prescribed through telehealth — a video call, phone consultation, or online visit. A provider does not need to see the patient in person. This applies whether the provider is in Delaware or in another state, as long as the provider complies with Delaware's licensing and prescribing laws. The shield law also protects providers who use telehealth to prescribe to patients in states with abortion bans.","verification":"verified","confidence":"high","sources":[{"name":"Delaware General Assembly (session law chp 327)","href":"https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327"}]},"out_of_state_travel":{"title":"Travel not restricted","summary":"Delaware residents may travel out of state for abortion; no Delaware law criminalizes or restricts such travel.","description":"Delaware does not prevent its residents from traveling to another state to obtain an abortion. There is no law that would penalize someone for crossing state lines for reproductive care. To the contrary, Delaware has taken active steps to shield its own providers and helpers from out-of-state investigations related to lawful abortions.","verification":"verified","confidence":"high","sources":[{"name":"Delaware General Assembly (session law chp 327)","href":"https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327"}]},"shield_or_hostile_laws":{"title":"Comprehensive shield law in effect","summary":"Delaware's 2022 shield law blocks out-of-state subpoenas, extradition, judgments, and professional discipline related to reproductive health services lawful in Delaware.","description":"Delaware enacted a powerful shield law in 2022 that protects anyone who provides, receives, or helps with reproductive health services — including abortion — from legal attacks originating in states where those services are illegal. The law blocks Delaware courts from enforcing out-of-state subpoenas or judgments, prevents professional licensing boards from disciplining clinicians for providing care to out-of-state patients, and stops extradition to other states for conduct that is lawful in Delaware. It also allows a Delaware provider or helper to sue someone who brings an out-of-state case against them and recover damages.","verification":"verified","confidence":"high","sources":[{"name":"Delaware General Assembly (session law chp 327)","href":"https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327"}]}},"funding_and_insurance":{"medicaid":{"title":"Medicaid covers abortion; HB 110","summary":"Delaware Medicaid covers abortion services; HB 110 (2024) mandates coverage without cost-sharing up to $750/year, effective for public plans January 2025.","description":"Delaware's Medicaid program covers abortion services. In 2024, the legislature passed HB 110, which requires all health benefit plans — including Medicaid — to cover abortion-related services without the need for a referral or prior authorization, and without any cost-sharing (such as copays or deductibles) up to $750 per person per year. This goes far beyond the federal Hyde Amendment, which only requires Medicaid to cover abortion in cases of rape, incest, or life endangerment.","verification":"semi_verified","confidence":"high","sources":[{"name":"Delaware General Assembly","href":"https://legis.delaware.gov/BillDetail/141171"}]},"private_insurance":{"title":"Must cover abortion under HB 110","summary":"HB 110 mandates all private health insurance plans in Delaware to cover abortion services without cost-sharing up to $750/year, effective January 2026.","description":"Starting in 2026, all private health insurance plans in Delaware — whether obtained through an employer or purchased individually — must cover abortion services. There is no copay, deductible, or coinsurance up to a $750 annual limit. Religious employers can request an exemption. This means a person with private insurance will not have to pay out of pocket for an abortion up to $750.","verification":"semi_verified","confidence":"high","sources":[{"name":"Delaware General Assembly","href":"https://legis.delaware.gov/BillDetail/141171"}]},"exchange_plans":{"title":"Exchange plans must cover abortion","summary":"ACA marketplace plans in Delaware are subject to the same coverage mandate under HB 110; no separate exchange restriction applies.","description":"Delaware has not passed any law restricting abortion coverage in Affordable Care Act marketplace plans. Under HB 110, exchange plans will be required to cover abortion services on the same terms as other private plans, starting in 2026.","verification":"semi_verified","confidence":"high","sources":[{"name":"Delaware General Assembly","href":"https://legis.delaware.gov/BillDetail/141171"}]},"state_funding_of_providers":{"title":"State funds providers; no defunding","summary":"Delaware does not defund abortion providers; to the contrary, HB 110 requires state Medicaid and employee plans to cover abortion services.","description":"Delaware has not adopted policies that defund abortion providers. The state does not bar organizations that provide abortions from receiving state funds for other services. By mandating that state employee health plans and Medicaid cover abortion services, the state is affirmatively funding reproductive healthcare.","verification":"semi_verified","confidence":"high","sources":[{"name":"Delaware General Assembly","href":"https://legis.delaware.gov/BillDetail/141171"}]}}},"penalties":[{"actor":"Physician (or other provider) — parental notice violation","offense":"Class A misdemeanor for intentionally performing abortion on unemancipated minor with knowing or reckless failure to comply with notice requirements","penalty":"Up to 1 year incarceration at Level V, fine up to $2,300","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/delaware/title-24/chapter-17/subchapter-viii/section-1789"},{"name":"Justia","href":"https://law.justia.com/codes/delaware/title-11/chapter-42/section-4206"}]},{"actor":"Provider — born-alive violation","offense":"Class A misdemeanor for knowingly violating duties to an infant born alive following an abortion","penalty":"Up to 1 year incarceration at Level V, fine up to $2,300","verification":"verified","sources":[{"name":"Delaware Code Online","href":"https://delcode.delaware.gov/title24/c017/sc09/index.html"}]},{"actor":"Third party — abuse of pregnant female (second degree)","offense":"Class C felony for recklessly causing unlawful termination of pregnancy during commission of assault or violent felony without her consent","penalty":"Class C felony — up to 15 years","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/delaware/title-11/chapter-5/subchapter-ii/section-605"}]},{"actor":"Third party — abuse of pregnant female (first degree)","offense":"Class B felony for intentionally causing unlawful termination of pregnancy during commission of assault or violent felony without her consent","penalty":"Class B felony — 2 to 25 years","verification":"verified","sources":[{"name":"Justia","href":"https://law.justia.com/codes/delaware/title-11/chapter-5/subchapter-ii/section-606"}]},{"actor":"Pregnant woman","offense":"None — no criminal statute applies; former 11 Del. C. § 652 repealed by HB 31 (2021)","penalty":"None","verification":"verified","sources":[{"name":"Delaware General Assembly","href":"https://legis.delaware.gov/BillDetail/48421"}]}],"recent_changes":[{"date":"2017-06-30","event":"Delaware enacted SB 5 (codified at 24 Del. C. § 1790), bringing state law into line with Roe v. Wade by affirmatively authorizing abortion before viability and establishing post-viability exceptions.","sources":[{"name":"Delaware General Assembly","href":"https://whyy.org/articles/delaware-legislature-passes-qofficialq-abortion-law"}]},{"date":"2021-09-30","event":"HB 31 repealed the pre-Roe criminal abortion ban (11 Del. C. §§ 651–654), removing abortion as a criminal offense in Delaware's penal code and treating abortion like any other medical procedure.","sources":[{"name":"Delaware General Assembly","href":"https://legis.delaware.gov/BillDetail/48421"}]},{"date":"2022-06-29","event":"Governor Carney signed HB 455 (83 Del. Laws c. 327), the comprehensive reproductive-health shield law, amending Titles 10, 11, 18, and 24 to protect providers, patients, and helpers from out-of-state civil and criminal actions, subpoenas, extradition, and professional discipline related to reproductive health services lawful in Delaware.","sources":[{"name":"Delaware General Assembly","href":"https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327"}]},{"date":"2022-08-10","event":"Attorney General Kathy Jennings launched the Attorney General's Abortion Legal Helpline, providing free legal information and resources to Delawareans and out-of-state visitors seeking abortion care.","sources":[{"name":"Delaware Department of Justice","href":"https://attorneygeneral.delaware.gov/executive/abortionhelpline"}]},{"date":"2024-09-30","event":"Governor Carney signed HB 110, requiring all health benefit plans (Medicaid, private insurance, and state employee plans) to cover abortion services without cost-sharing up to $750 per year, effective January 2025 for public plans and January 2026 for private plans.","sources":[{"name":"Delaware General Assembly","href":"https://legis.delaware.gov/BillDetail/141171"}]},{"date":"2025-03-11","event":"SB 5, the first leg of a constitutional amendment to enshrine reproductive freedom in the Delaware Constitution, passed the Senate 15-6 but did not advance in the House during the 2025 legislative session. A second legislative passage is required for ratification.","sources":[{"name":"Delaware General Assembly","href":"https://legis.delaware.gov/BillDetail/141830"}]},{"date":"2025-03-31","event":"HB 46, which would have required parental consent (not just notification) for minors under 16 seeking abortion, failed to advance in committee.","sources":[{"name":"Spotlight Delaware","href":"https://spotlightdelaware.org/2025/03/26/bill-aims-to-require-parental-consent-for-abortion"}]},{"date":"2026-01-27","event":"Texas Attorney General Ken Paxton filed a lawsuit against Delaware nurse practitioner Debra Lynch (Her Safe Harbor) for allegedly mailing abortion pills to Texas residents, testing the extraterritorial reach of Delaware's shield law.","sources":[{"name":"WHYY / Texas Tribune","href":"https://whyy.org/articles/texas-attorney-general-sues-delaware-abortion-provider"}]}],"pending_changes":[{"name":"Texas v. Lynch (Texas state court)","type":"litigation","status":"Filed January 27, 2026, in Texas state court against Delaware NP Debra Lynch. Delaware's shield law blocks enforcement in Delaware, but the suit proceeds in Texas court.","effect":"A Texas judgment against Lynch could create a conflict between state court systems, testing the Full Faith and Credit Clause reach of shield laws and potentially reaching the U.S. Supreme Court. A ruling adverse to Lynch could chill cross-border telehealth prescribing from Delaware.","sources":[{"name":"WHYY","href":"https://whyy.org/articles/texas-attorney-general-sues-delaware-abortion-provider"}]},{"name":"SB 251 — Pain-Capable Unborn Child Protection Act (153rd General Assembly)","type":"legislation","status":"Introduced by Republican lawmakers in the 153rd General Assembly (2025–2026). Would ban most abortions after 20 weeks post-fertilization. Unlikely to pass in the Democratic-controlled legislature.","effect":"If enacted, would prohibit abortion at 20 weeks post-fertilization (~22 weeks gestational age) with exceptions for life, physical health, rape, and incest. Would repeal and replace the current viability-based framework. Low probability of passage.","sources":[{"name":"Delaware General Assembly","href":"https://legis.delaware.gov/BillDetail/143086"}]},{"name":"SB 5 — Constitutional Amendment on Reproductive Freedom","type":"legislation","status":"Passed Senate (15-6) on March 11, 2025. Failed to pass House in the 2025 session. Under Article XVI, § 1 of the Delaware Constitution, a constitutional amendment requires passage by two-thirds of both houses in two consecutive General Assemblies. SB 5 or a successor bill may be reintroduced in a future session.","effect":"If enacted over two legislative sessions, would amend Article I of the Delaware Constitution to guarantee 'reproductive freedom,' defined as the right to make decisions about all matters relating to pregnancy, childbirth, prenatal and postnatal care, contraception, sterilization, abortion, miscarriage, and infertility. Would constitutionally block any future legislative restriction on abortion.","sources":[{"name":"Delaware General Assembly","href":"https://legis.delaware.gov/BillDetail/141830"}]}],"key_authorities":[{"name":"Termination of Human Pregnancy Act","citation":"24 Del. C. §§ 1790–1795","type":"statute","url":"https://delcode.delaware.gov/title24/c017/sc09/index.html","why":"The core authorization statute — affirmatively permits abortion before viability and establishes post-viability exceptions."},{"name":"Parental Notice of Abortion Act","citation":"24 Del. C. §§ 1780–1789B","type":"statute","url":"https://law.justia.com/codes/delaware/title-24/chapter-17/subchapter-viii","why":"Establishes the 24-hour parental notice requirement for minors under 16, judicial bypass, the coercion prohibition, and the only criminal penalty for abortion-related conduct."},{"name":"Reproductive Health Shield Law","citation":"83 Del. Laws c. 327 (codified at 10 Del. C. §§ 3926A–3929, 11 Del. C. § 2506, and amendments to Titles 18 and 24)","type":"statute","url":"https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327","why":"Comprehensive interstate shield protecting providers, patients, and helpers; blocks out-of-state subpoenas, extradition, and professional discipline."},{"name":"HB 31 (Repeal of Criminal Abortion Ban)","citation":"83 Del. Laws c. 298 (2021)","type":"statute","url":"https://legis.delaware.gov/BillDetail/48421","why":"Repealed the pre-Roe criminal abortion statutes (11 Del. C. §§ 651–654), removing the pregnant woman's criminal exposure."},{"name":"HB 110 (Insurance Coverage Mandate)","citation":"152nd General Assembly, HB 110 (2024)","type":"statute","url":"https://legis.delaware.gov/BillDetail/141171","why":"Requires Medicaid, private insurance, and state employee plans to cover abortion without cost-sharing up to $750/year."},{"name":"Abuse of Pregnant Female statutes","citation":"11 Del. C. §§ 605–606","type":"statute","url":"https://law.justia.com/codes/delaware/title-11/chapter-5/subchapter-ii/section-606","why":"Criminalizes third-party violence causing unlawful pregnancy termination without the woman's consent; does not apply to abortion."},{"name":"Worgan v. Greggo & Ferrara, Inc.","citation":"128 A.2d 557 (Del. Super. Ct. 1956)","type":"case","url":"https://law.justia.com/cases/delaware/superior-court/1956/128-a-2d-557-4.html","why":"Establishes that viable fetuses can be the subject of wrongful-death claims under Delaware law."},{"name":"Wrongful Death Statute","citation":"10 Del. C. § 3724","type":"statute","url":"https://law.justia.com/codes/delaware/title-10/chapter-37/subchapter-ii/section-3724","why":"The statutory basis for wrongful-death claims, interpreted by Worgan to include viable fetuses."},{"name":"SB 5 — Reproductive Freedom Constitutional Amendment","citation":"153rd General Assembly, SB 5 (2025)","type":"legislation","url":"https://legis.delaware.gov/BillDetail/141830","why":"Pending constitutional amendment that would enshrine reproductive freedom in the Delaware Constitution; passed Senate, not yet enacted."}],"research_notes":{"overall_confidence":"high","editor_notes":"The 153rd General Assembly (2025–2026) ends June 30, 2026. SB 251 (pain-capable ban) and any revived SB 5 (constitutional amendment) should be rechecked for final disposition. HB 110's effective dates — January 1, 2025 for public plans and January 1, 2026 for private plans — should be verified against the final codified statute. The Texas v. Lynch litigation is fast-moving; its status may have changed since this research was completed.","gaps":["Whether 'health' in 24 Del. C. § 1790(b) has been judicially construed to include mental health — no Delaware case on point was located.","The precise penalty or enforcement mechanism for violations of 24 Del. C. § 1794 (prohibition on unauthorized selling, advising, or assisting) — the statute does not specify a criminal penalty, and no administrative enforcement regulation was located.","Whether Delaware has ever had a spousal-consent statute — research found no evidence of one, but the historical code editions were not exhaustively reviewed.","The current procedural posture of Texas v. Lynch (as of July 2026) — the suit was filed in January 2026; subsequent motions or rulings were not located in this research."]}}