State Legal Snapshot
Abortion law, status, and enforcement — one-page reference
Abortion is legal in Delaware until viability, with post-viability exceptions for life, health, and fatal fetal anomalies.
24 Del. C. § 1790(a) · 83 Del. Laws c. 298 (HB 31, 2021)
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.
11 Del. C. § 606(a)
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.
Delaware has never had — or has repealed — any law requiring spousal or paternal consent or notice for abortion.
| Actor | Offense | Penalty |
|---|---|---|
| Physician (or other provider) — parental notice violation | Class A misdemeanor for intentionally performing abortion on unemancipated minor with knowing or reckless failure to comply with notice requirements | Up to 1 year incarceration at Level V, fine up to $2,300 |
| Provider — born-alive violation | Class A misdemeanor for knowingly violating duties to an infant born alive following an abortion | Up to 1 year incarceration at Level V, fine up to $2,300 |
| Third party — abuse of pregnant female (second degree) | Class C felony for recklessly causing unlawful termination of pregnancy during commission of assault or violent felony without her consent | Class C felony — up to 15 years |
| Third party — abuse of pregnant female (first degree) | Class B felony for intentionally causing unlawful termination of pregnancy during commission of assault or violent felony without her consent | Class B felony — 2 to 25 years |
| Pregnant woman | None — no criminal statute applies; former 11 Del. C. § 652 repealed by HB 31 (2021) | None |
Texas v. Lynch (Texas state court)
Litigation · Filed January 27, 2026, in Texas state court against Delaware NP Debra Lynch.
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.
SB 251 — Pain-Capable Unborn Child Protection Act (153rd General Assembly)
Legislation · Introduced by Republican lawmakers in the 153rd General Assembly (2025–2026).
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.
SB 5 — Constitutional Amendment on Reproductive Freedom
Legislation · Passed Senate (15-6) on March 11, 2025. Failed to pass House in the 2025 session.
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.
The core authorization statute — affirmatively permits abortion before viability and establishes post-viability exceptions.
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.
Comprehensive interstate shield protecting providers, patients, and helpers; blocks out-of-state subpoenas, extradition, and professional discipline.
Repealed the pre-Roe criminal abortion statutes (11 Del. C. §§ 651–654), removing the pregnant woman's criminal exposure.
Requires Medicaid, private insurance, and state employee plans to cover abortion without cost-sharing up to $750/year.
Generated from the structured legal focused deep-research record for DE (research completed 2026-07-12). This snapshot condenses a much larger sourced dataset — full citations, quoted statutory text, and plain-language explanations are in the full Delaware survey. This document has not been reviewed by a lawyer and should not be used as legal advice.