Abhortion · State legal snapshot

Delaware

Legal to viability; statutory protection. Abortion is legal in Delaware until viability, with post-viability exceptions for life, health, and fatal fetal anomalies.

Protected by statute As of12 Jul 2026 Research completed12 Jul 2026 Confidence●●● High

§ I · Gestational limit

● Legal at every stage · no limit
0481216202428323640 wk

│ Legal to viability; no gestational week cutoff · 24 Del. C. § 1790(b)

§ II · Restriction inventory — 15 checked, 1 in force

●Gestational banNone

●In-person visitsNone

●Method-specific banNone (state)

●Physician-only lawNone

◐Parental notificationIn force

●Telehealth prescribing banNone

●Waiting periodNone

●Spousal consent or noticeNone

●Abortion trafficking lawNone

●Scripted counselingNone

●Civil bounty (SB8-style)None

●Private insurance restrictionNone

●Ultrasound requirementNone

●Pill-mailing banNone

●Self-managed abortion crimeNone

§ III · Access

Criminal exposure

Procedure

Coverage & interstate

●

Available now

Yes

●

Pregnant person

Expressly exempt

●

Waiting period

0 hours

●

Medicaid

Broader than Hyde

◐

Medication · telehealth

Regulated separately · telehealth allowed

●

Self-managed

Not a crime

●

Compelled visits

0 in person

●

Private insurance

No state restriction

●

Who may perform

Physicians & APCs

✓

Provider max penalty

Class A misdemeanor, up to 1 year,…

◐

Minors

Parental notification

●

Shield state

Yes

●

Mailing pills

Not banned

◐

Fetal homicide law

Yes · abortion carved out

◐

Judicial bypass

Available

◐

Major pending change

Yes · see p. 2

✓ Abolition-aligned — forbids abortion or imposes liability◐ Partial — a hurdle, an enjoined law, or a carve-out● No restriction○ Unclear or not applicable

§ IV · Why it is legal — governing authorities

■

Termination of Human Pregnancy Act, 24 Del. C. §§ 1790–1795 — The core authorization statute — affirmatively permits abortion before viability and…

■

Parental Notice of Abortion Act, 24 Del. C. §§ 1780–1789B — Establishes the 24-hour parental notice requirement for minors under 16, judicial…

■

Reproductive Health Shield Law, 83 Del. Laws c. 327 (codified at 10 Del. C.… — Comprehensive interstate shield protecting providers, patients, and helpers; blocks…

“Any of the following may terminate, assist in the termination of, or attempt the termination of a human pregnancy before viability: (1) A physician. (2) A physician associate with a collaborative agreement with an…”— 24 Del. C. § 1790(a)

Fetal personhood — how the contradiction is walled off

● No statutory fetal personhood

Delaware has no constitutional or statutory definition deeming a fetus a 'person,' 'human being,' or 'child' from conception.

No statutory fetal personhood

→

● Exempt · pregnant woman

No criminal or civil exposure

● Carved out · abortion

Abortion is not chargeable under the homicide statutes.

✓ Reached · third parties

Fetal homicide: third-party violence only

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. Wrongful death: Wrongful-death for viable fetus.

§ V · Criminal exposure by actor

●

Pregnant woman

No criminal or civil exposure

✓

Physician

No criminal penalty; license shield

●

Non-physician prescriber

No criminal exposure; shield protections

●

Helpers · funds

No exposure; shield law protected

●

Travel helpers

Not criminalized; shield protects

●

Civil bounty

No SB8-style bounty law

✓ the actor faces criminal or civil exposure under state law · ● no exposure · ○ unclear or theoretical

Penalties on the books — top 5

ActorOffensePenalty Physician (or other provider)…Class A misdemeanor for intentionally performing…Up to 1 year incarceration at Level V, fine up to $2,300 Provider — born-alive…Class A misdemeanor for knowingly violating duties…Up to 1 year incarceration at Level V, fine up to $2,300 Third party — abuse of…Class C felony for recklessly causing unlawful…Class C felony — up to 15 years Third party — abuse of…Class B felony for intentionally causing unlawful…Class B felony — 2 to 25 years Pregnant womanNone — no criminal statute applies; former 11 Del.…None
Abhortion · State legal snapshot · DelawareNot legal advice — verify citations before reliance · 1 / 2

§ VI · How the law got here ● court  ■ statute  ◆ executive / agency

30 Jun 2017■

Delaware enacted SB 5 (codified at 24 Del. C. § 1790), bringing state law into line with Roe v.

30 Sep 2021■

HB 31 repealed the pre-Roe criminal abortion ban (11 Del. C.

29 Jun 2022■

Governor Carney signed HB 455 (83 Del. Laws c.

10 Aug 2022◆

Attorney General Kathy Jennings launched the Attorney General's Abortion Legal Helpline, providing free legal…

30 Sep 2024■

Governor Carney signed HB 110, requiring all health benefit plans (Medicaid, private insurance, and state employee…

11 Mar 2025■

SB 5, the first leg of a constitutional amendment to enshrine reproductive freedom in the Delaware Constitution,…

31 Mar 2025■

HB 46, which would have required parental consent (not just notification) for minors under 16 seeking abortion,…

27 Jan 2026●

Texas Attorney General Ken Paxton filed a lawsuit against Delaware nurse practitioner Debra Lynch (Her Safe Harbor)…

§ VII · Exceptions matrix

Named in lawVerified Life of the pregnant personLife exception post-viability◐✓ Physical healthHealth exception post-viability◐✓ Mental healthMental health not separately limited●✓ RapeRape/incest: not needed pre-viability●✓ IncestIncest: not needed pre-viability●✓ Fatal fetal anomalyFatal fetal anomaly exception post-viability◐✓ Miscarriage · ectopic careMiscarriage and ectopic care excluded◐✓

Named in law: ◐ the exception is written into the ban · ✓ no such exception · ● no ban for an exception to operate against. Verified (neutral): ✓ quoted text confirmed at source · ◐ semi-verified · ○ verify before publication · — not applicable.

§ VIII · Shield law & interstate

● Shield state

Comprehensive shield law in effect

● Travel unrestricted

Travel not restricted

● Telehealth prescribing allowed

Telehealth permitted

● Pill mailing not banned

Not banned; shield protects

● Funding help protected

Not criminalized; shield protects

● Providing information

No liability; First Amendment limits

Interstate postureDelaware's 2022 shield law blocks out-of-state subpoenas, extradition, judgments, and professional discipline related to reproductive health services lawful in Delaware.

§ IX · Who pays

Medicaid covers abortion; HB 110

Life

Hyde · federal

Rape

Hyde · federal

Incest

Hyde · federal

Medically necessary

State-only funds

●

Must cover abortion under HB 110

Exchange plans must cover abortion

●

State funds providers; no defunding

§ X · Pending changes status and effect as recorded — no forecast

Litigation

Texas v. Lynch (Texas state court)Filed January 27, 2026, in Texas state court against Delaware NP Debra Lynch. Delaware's shield law blocks…

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…

Legislation

SB 251 — Pain-Capable Unborn Child Protection Act (153rd…Introduced by Republican lawmakers in the 153rd General Assembly (2025–2026). Would ban most abortions after…

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…

Legislation

SB 5 — Constitutional Amendment on Reproductive FreedomPassed Senate (15-6) on March 11, 2025. Failed to pass House in the 2025 session. Under Article XVI, § 1 of…

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…

§ XI · Key authorities ● case  ■ statute  ◆ agency

■Termination of Human Pregnancy Act 24 Del. C. §§ 1790–1795

■Parental Notice of Abortion Act 24 Del. C. §§ 1780–1789B

■Reproductive Health Shield Law 83 Del. Laws c. 327 (codified at 10 Del. C. §§…

■HB 31 (Repeal of Criminal Abortion Ban) 83 Del. Laws c. 298 (2021)

■HB 110 (Insurance Coverage Mandate) 152nd General Assembly, HB 110 (2024)

■Abuse of Pregnant Female statutes 11 Del. C. §§ 605–606

●Worgan v. Greggo & Ferrara, Inc. 128 A.2d 557 (Del. Super. Ct. 1956)

■Wrongful Death Statute 10 Del. C. § 3724

■SB 5 — Reproductive Freedom Constitutional Amendment 153rd General Assembly, SB 5 (2025)

◐ Semi-verified — confirm at sourceJudicial bypass · Spousal consent / notice · Medicaid · Private insurance · Exchange plans · State funding of providers
○ Verify before publicationWhether 'health' in 24 Del. C. § 1790(b) has been judicially construed to include mental health — no Delaware case on point was located.
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