Abhortion · State legal snapshot
Legal to viability; statutory protection. Abortion is legal in Delaware until viability, with post-viability exceptions for life, health, and fatal fetal anomalies.
§ I · Gestational limit
│ 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
§ VI · How the law got here ● court ■ statute ◆ executive / agency
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 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
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…
LegislationSB 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…
LegislationSB 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)