--- title: "Delaware — abortion law" 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.…" type: "legislation" jurisdiction: "Delaware" as_of_date: "2026-07-12" source_url: "https://www.abhortion.org/legislation/de.html" --- # Delaware — abortion law _Delaware · United States_ ## Overview **Legal to viability; statutory protection** Abortion is legal in Delaware until viability, with post-viability exceptions for life, health, and fatal fetal anomalies. 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 Delaware repealed its pre-Roe criminal abortion ban in 2021 and enacted a comprehensive shield law in 2022 to protect providers, patients, and helpers from out-of-state legal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. > "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 appropriately-trained physician. (3) A certified nurse midwife or certified nurse practitioner who demonstrates knowledge and competency including successful completion of a training or certification approved by the Board of Nursing." > — 24 Del. C. § 1790(a) **Legal analysis** Delaware's abortion law is codified at 24 Del. C. §§ 1790–1795 (Subchapter IX of the Medical Practice Act). Prior criminal provisions at 11 Del. C. §§ 651–654 were repealed by HB 31 (83 Del. Laws c. 298) in 2021. Section 1790(a) affirmatively authorizes physicians, physician associates, and certain APRNs to terminate pregnancies before viability. Section 1790(b) limits post-viability abortion to cases where the physician's good-faith medical judgment finds it necessary to protect the woman's life or health, or where there is a fetal anomaly with no reasonable likelihood of sustained survival without extraordinary measures. The statute creates an affirmative right, not merely a defense. The 2022 shield law (83 Del. Laws c. 327, codified at 10 Del. C. §§ 3926A–3929, 11 Del. C. § 2506, and amendments to Titles 18 and 24) blocks enforcement of out-of-state subpoenas, judgments, and extradition requests related to reproductive health services lawful in Delaware. No gestational week limit is specified; viability is a medical determination. No waiting period, no mandatory counseling, and no ultrasound requirements exist. *Sources — Verified at source · High confidence · 24 Del. C. § 1790(a), subsection (a), [Delaware Code Online](https://delcode.delaware.gov/title24/c017/sc09/index.html) · 83 Del. Laws c. 298 (HB 31, 2021), Synopsis, [Delaware General Assembly](https://legis.delaware.gov/BillDetail/48421)* ## At a glance Every machine-readable determination in the research document. Each value is derived from a sourced finding below. | Field | Value | | --- | --- | | Legal classification | Protected by statute | | Gestational limit weeks | — | | Limit measured from | — | | Abortion currently available | Yes | | Ban or limit enjoined | No | | Mother expressly exempt | Yes | | Mother prosecutable in practice | No | | Self managed abortion criminalized | No | | Abortion charged as homicide | No | | Fetal homicide law | Yes | | Fetal wrongful death action | Yes | | Personhood language in law | No | | Personhood contradiction | Yes | | Medication abortion distinct status | Yes | | Mailing pills banned | No | | Method bans | None | | Telehealth prescribing allowed | Yes | | Physician only law | No | | Provider max penalty | Class A misdemeanor, up to 1 year, $2,300 fine (parental notice violation only) | | Helpers criminally exposed | No | | Travel assistance criminalized | No | | Civil bounty law | No | | Shield state | Yes | | Waiting period hours | — | | State scripted counseling | No | | Ultrasound required | None | | In person visits required | 0 | | Parental involvement | Notification only | | Judicial bypass available | Yes | | Spousal consent or notice on books | No | | Medicaid coverage | Broader than hyde | | Private insurance restricted | No | | State funding posture | Funds providers | | Rape incest exception | Not applicable | | Exceptions present | Life, Physical health, Fatal fetal anomaly, Ectopic miscarriage carveout | | Major pending change | Yes | ## Definitions **Abortion defined; miscarriage and ectopic carved out** 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. 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. > "'Abortion' means the use of any instrument, medicine, drug or any other substance or device to terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus." > — 24 Del. C. § 1782(1) **Legal analysis** The operative definition appears at 24 Del. C. § 1782(1), within the Parental Notice of Abortion Act (Subchapter VIII): 'Abortion' means the use of any instrument, medicine, drug or any other substance or device to terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus. The definition reaches both procedural and medication abortion. It expressly carves out: (1) removal of a dead fetus (miscarriage management), (2) procedures to increase the probability of live birth, and (3) post-birth care. IVF/embryo handling is not reached because no 'woman known to be pregnant' is involved. Ectopic pregnancy treatment — which necessarily terminates a pregnancy but is not generally performed with the primary 'intention' to terminate a pregnancy as such — falls outside the prohibition of § 1790(b). *Sources — Verified at source · High confidence · 24 Del. C. § 1782(1), subsection (1), [Justia](https://law.justia.com/codes/delaware/title-24/chapter-17/subchapter-viii/section-1782)* **Editor's note.** The definition in § 1782 is in the Parental Notice of Abortion Act subchapter; Subchapter IX (the operative authorization statute) does not contain its own definition. Courts would likely apply § 1782's definition across both subchapters, but the scope of 'termination of human pregnancy' in § 1790 could theoretically be read independently. ## Current status **Legal to viability; no gestational week cutoff** Abortion is affirmatively authorized before viability; post-viability, permitted only for life, health, or fatal fetal anomaly. 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. > "A physician may not terminate, attempt to terminate, or assist in the termination or attempt at termination of a human pregnancy otherwise than by birth after viability, unless, in the good faith medical judgment of the physician, the termination is necessary for the protection of the woman's life or health or in the event of a fetal anomaly for which there is not a reasonable likelihood of the fetus's sustained survival outside the uterus without extraordinary medical measures." > — 24 Del. C. § 1790(b) **Legal analysis** 24 Del. C. § 1790(a) provides affirmative authorization: 'Any of the following may terminate, assist in the termination of, or attempt the termination of a human pregnancy before viability.' The listed providers are physicians, physician associates with collaborative agreements, and certain APRNs. Section 1790(b) restricts post-viability abortion: 'A physician may not terminate, attempt to terminate, or assist in the termination or attempt at termination of a human pregnancy otherwise than by birth after viability, unless, in the good faith medical judgment of the physician, the termination is necessary for the protection of the woman's life or health or in the event of a fetal anomaly for which there is not a reasonable likelihood of the fetus's sustained survival outside the uterus without extraordinary medical measures.' Viability is not defined by statute; it is left to the physician's clinical judgment. There is no numeric gestational limit. The pre-Roe criminal ban (11 Del. C. §§ 651–654) was repealed by HB 31 (2021). *Sources — Verified at source · High confidence · 24 Del. C. § 1790(b), subsection (b), [Delaware Code Online](https://delcode.delaware.gov/title24/c017/sc09/index.html)* ## Law-in-effect vs. law-on-the-books **Fully in effect; no injunctions** Delaware's abortion statute is fully operative and not subject to any injunction; the pre-Roe criminal ban was repealed rather than enjoined. 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. **Legal analysis** Unlike states with 'trigger laws' or pre-Roe bans that were reactivated by Dobbs, Delaware repealed its criminal abortion prohibitions (11 Del. C. §§ 651–654) through HB 31 in 2021, effective September 2021. The current operative law — 24 Del. C. §§ 1790–1795 — is not subject to any injunction, stay, or non-enforcement posture. The 2022 shield law (83 Del. Laws c. 327) is also fully in effect. Attorney General Jennings has publicly and aggressively defended abortion access and the shield law, including launching a legal helpline in August 2022. No federal court order (e.g., an EMTALA-based injunction) constrains Delaware's abortion law; if anything, EMTALA may reinforce provider obligations to offer stabilizing care in emergency settings. *Sources — Verified at source · High confidence · 83 Del. Laws c. 298 (HB 31, 2021), Synopsis, [Delaware General Assembly](https://legis.delaware.gov/BillDetail/48421) · 83 Del. Laws c. 327 (HB 455, 2022), Preamble, [Delaware General Assembly](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327)* ## Exceptions ### Life of the mother **Life exception post-viability** After viability, abortion is permitted when necessary in the physician's good-faith medical judgment to protect the woman's life. 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. > "unless, in the good faith medical judgment of the physician, the termination is necessary for the protection of the woman's life or health" > — 24 Del. C. § 1790(b) **Legal analysis** 24 Del. C. § 1790(b) permits post-viability abortion when 'in the good faith medical judgment of the physician, the termination is necessary for the protection of the woman's life or health.' The standard is the physician's good-faith medical judgment — not an objective 'reasonable physician' standard, and there is no requirement for a second physician to concur, no requirement of written certification, and no requirement that the condition be 'imminent' or that death be 'certain' to occur without the abortion. *Sources — Verified at source · High confidence · 24 Del. C. § 1790(b), subsection (b), [Delaware Code Online](https://delcode.delaware.gov/title24/c017/sc09/index.html)* ### Physical health **Health exception post-viability** After viability, abortion is permitted when necessary in the physician's good-faith medical judgment to protect the woman's health. 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. > "necessary for the protection of the woman's life or health" > — 24 Del. C. § 1790(b) **Legal analysis** Section 1790(b) uses the unqualified phrase 'protection of the woman's life or health.' It does not define 'health' or impose a severity threshold. Courts and regulators would likely interpret 'health' to encompass both physical and mental health, consistent with the broad medical-judgment standard. No certification, concurrence, or documentation beyond the physician's clinical record is required. *Sources — Verified at source · High confidence · 24 Del. C. § 1790(b), subsection (b), [Delaware Code Online](https://delcode.delaware.gov/title24/c017/sc09/index.html)* ### Mental health **Mental health not separately limited** The health exception does not distinguish between physical and mental health; both are covered by the physician's good-faith medical judgment. 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. **Legal analysis** 24 Del. C. § 1790(b) says 'life or health' without qualification. Unlike some states that define 'health' restrictively or exclude mental health, Delaware does not. The unmodified term 'health' in a medical-practice statute is reasonably read to include mental health under the physician's holistic good-faith medical judgment. *Sources — Verified at source · Medium confidence · 24 Del. C. § 1790(b), subsection (b), [Delaware Code Online](https://delcode.delaware.gov/title24/c017/sc09/index.html)* **Editor's note.** No Delaware court has construed whether 'health' in § 1790(b) includes mental health. The plain text does not exclude it, and the 'good faith medical judgment' standard suggests a broad reading, but a future court could construe it narrowly. ### Rape **Rape/incest: not needed pre-viability** 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. 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. **Legal analysis** Section 1790(a) permits pre-viability abortion for any reason, so no rape/incest exception is needed. Post-viability, the exceptions are limited to life, health, and fatal fetal anomaly. A post-viability abortion sought because of rape or incest would need to fit within the 'health' exception, which could encompass severe psychological harm. The statute does not explicitly list rape or incest as a post-viability exception. *Sources — Verified at source · High confidence · 24 Del. C. § 1790(a)-(b), subsections (a)-(b), [Delaware Code Online](https://delcode.delaware.gov/title24/c017/sc09/index.html)* ### Incest **Incest: not needed pre-viability** Same as rape — a separate incest exception is not needed because abortion is permitted without restriction before viability. 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. **Legal analysis** See rape exception analysis above; the same reasoning applies to incest. *Sources — Verified at source · High confidence · 24 Del. C. § 1790(a)-(b), subsections (a)-(b), [Delaware Code Online](https://delcode.delaware.gov/title24/c017/sc09/index.html)* ### Fatal fetal anomaly **Fatal fetal anomaly exception post-viability** After viability, abortion is permitted when there is not a reasonable likelihood of the fetus's sustained survival without extraordinary medical measures. 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. > "in the event of a fetal anomaly for which there is not a reasonable likelihood of the fetus's sustained survival outside the uterus without extraordinary medical measures" > — 24 Del. C. § 1790(b) **Legal analysis** Section 1790(b) expressly provides: 'in the event of a fetal anomaly for which there is not a reasonable likelihood of the fetus's sustained survival outside the uterus without extraordinary medical measures.' This is a separate basis for post-viability abortion from the life/health exception. It requires a fetal anomaly, not merely a health risk, and the standard is 'reasonable likelihood' — not certainty. The physician's good-faith medical judgment controls. There is no requirement of a second physician's concurrence or a list of qualifying anomalies. *Sources — Verified at source · High confidence · 24 Del. C. § 1790(b), subsection (b), [Delaware Code Online](https://delcode.delaware.gov/title24/c017/sc09/index.html)* ### Ectopic pregnancy & miscarriage care **Miscarriage and ectopic care excluded** The statutory definition of 'abortion' expressly excludes removal of a dead fetus; ectopic pregnancy management is outside the statute's reach. 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. > "with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus" > — 24 Del. C. § 1782(1) **Legal analysis** 24 Del. C. § 1782(1) defines 'abortion' as termination of pregnancy 'with an intention other than... to remove a dead fetus.' Miscarriage management is thus expressly excluded from the statutory definition and from all requirements in Subchapters VIII and IX. Ectopic pregnancy treatment falls outside § 1782(1) because it is not performed with the primary intent to terminate the pregnancy but to save the woman's life — and the life exception in § 1790(b) would independently cover it post-viability in any event. Neither procedure is subject to the parental notice, reporting, or criminal provisions. *Sources — Verified at source · High confidence · 24 Del. C. § 1782(1), subsection (1), [Justia](https://law.justia.com/codes/delaware/title-24/chapter-17/subchapter-viii/section-1782)* ## Methods ### Procedural surgical **Legal; no method-specific bans** Procedural abortion is legal before viability without restriction; Delaware has no D&E or D&X ban. 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. **Legal analysis** Delaware has no state-level D&E ban, 'dismemberment' ban, or D&X/partial-birth ban. The state's law does not single out any abortion method for prohibition. The federal Partial-Birth Abortion Ban Act of 2003 (18 U.S.C. § 1531) applies in Delaware as it does nationwide, but it is narrow and rarely invoked. The only procedural restriction is the post-viability limitation in § 1790(b). Delaware previously had a criminal abortion statute (repealed 11 Del. C. § 651–654) that treated abortion as a crime; those provisions no longer exist. *Sources — Verified at source · High confidence · 24 Del. C. § 1790(a), subsection (a), [Delaware Code Online](https://delcode.delaware.gov/title24/c017/sc09/index.html)* ### Medication **Legal; APRNs and PAs can prescribe** Medication abortion is expressly authorized; APRNs and physician associates may prescribe mifepristone and misoprostol, including by telehealth. 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. > "A physician associate or an advanced practice registered nurse may prescribe medication for the termination of pregnancy including Mifeprex, Mifepristone, and Misoprostol." > — 24 Del. C. § 1790(c) **Legal analysis** 24 Del. C. § 1790(c) provides: 'A physician associate or an advanced practice registered nurse may prescribe medication for the termination of pregnancy including Mifeprex, Mifepristone, and Misoprostol.' This is an express statutory authorization that goes beyond physician-only models. Delaware has no in-person dispensing requirement, no prohibition on mailing pills, and no ban on telehealth prescribing. Combined with the 2022 shield law provisions that block out-of-state civil and criminal process related to reproductive health services lawful in Delaware, providers can mail pills to patients in ban states with substantial legal protection in Delaware (though they may face exposure if they travel to ban states). The statute is not subject to any injunction. *Sources — Verified at source · High confidence · 24 Del. C. § 1790(c), subsection (c), [Delaware Code Online](https://delcode.delaware.gov/title24/c017/sc09/index.html)* **Editor's note.** Federal FDA regulation of mifepristone (the REMS) operates independently and could change by administrative action. The Texas AG lawsuit against a Delaware NP (Lynch/Her Safe Harbor, filed January 2026) tests the practical limits of the shield law and could produce precedent on interstate reach. ### Self managed **Not criminalized; mother exempt** Self-managed abortion is not criminalized in Delaware; the pre-Roe criminal statutes that could have reached the pregnant woman were repealed in 2021. 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. **Legal analysis** Following the repeal of 11 Del. C. §§ 651–654 by HB 31 in 2021, Delaware has no statute criminalizing self-managed abortion. The repealed § 652 had made it a class F felony for a woman to submit to or solicit an abortion not authorized by law. That provision no longer exists. The current regulatory framework at 24 Del. C. §§ 1790–1795 applies to providers, not patients. Section 1794 (prohibiting unauthorized sales, advice, or assistance) applies to third parties, not the pregnant woman herself. The homicide statutes (11 Del. C. §§ 605–606) criminalize abuse of a pregnant female by a third party that causes unlawful termination; they do not apply to the pregnant woman. The woman is thus de facto and de jure exempt from prosecution for self-managed abortion. *Sources — Verified at source · High confidence · 83 Del. Laws c. 298 (HB 31, 2021), Synopsis, [Delaware General Assembly](https://legis.delaware.gov/BillDetail/48421)* **Editor's note.** The repealed § 652 provided: 'A woman who submits to an abortion or solicits another to provide an abortion not authorized by this subchapter is guilty of a class F felony.' Delaware repealed this in its entirety by HB 31. ## Actors ### Who may perform **Physicians, PAs, and APRNs authorized** Abortion may be performed by physicians, physician associates with a collaborative agreement, and specially trained certified nurse midwives or NPs — not physician-only. 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. > "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 appropriately-trained physician. (3) A certified nurse midwife or certified nurse practitioner who demonstrates knowledge and competency including successful completion of a training or certification approved by the Board of Nursing." > — 24 Del. C. § 1790(a) **Legal analysis** 24 Del. C. § 1790(a) lists the authorized providers: '(1) A physician. (2) A physician associate with a collaborative agreement with an appropriately-trained physician. (3) A certified nurse midwife or certified nurse practitioner who demonstrates knowledge and competency including successful completion of a training or certification approved by the Board of Nursing.' Section 1790(c) separately authorizes physician associates and APRNs to prescribe medication abortion. Delaware has no admitting-privileges requirement nor any facility-type requirement for abortion provision beyond generally applicable medical practice standards. *Sources — Verified at source · High confidence · 24 Del. C. § 1790(a), subsection (a), [Delaware Code Online](https://delcode.delaware.gov/title24/c017/sc09/index.html)* ### Criminal civil exposure #### Pregnant woman **No criminal or civil exposure** 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. 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. > "A law of another state that authorizes a person to bring a civil action against a person that... [t]erminates or seeks to terminate a pregnancy... is contrary to the public policy of this State." > — 10 Del. C. § 3928(a) **Legal analysis** The repeal of 11 Del. C. §§ 651–654 removed the only provisions that could have exposed the pregnant woman to criminal liability. Former § 652 had stated: 'A woman who submits to an abortion or solicits another to provide an abortion not authorized by this subchapter is guilty of a class F felony.' This language no longer exists in the Delaware Code. No civil cause of action exists against a woman for obtaining an abortion. The fetal homicide/abuse of a pregnant female statutes (11 Del. C. §§ 605–606) criminalize third-party conduct causing unlawful termination 'without her consent,' which inherently excludes the woman herself. The shield law (10 Del. C. § 3928) expressly declares that laws from other states authorizing civil actions for terminating a pregnancy are 'contrary to the public policy of this State,' further insulating the woman from out-of-state liability. *Sources — Verified at source · High confidence · 10 Del. C. § 3928(a), Section 3, § 3928(a)(1), [Delaware General Assembly (session law chp 327)](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327)* #### Physician **No criminal penalty; license shield** 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). 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. > "Any person who intentionally performs an abortion with knowledge that, or with reckless disregard as to whether, the person upon whom the abortion has been performed is an unemancipated minor, and who intentionally or knowingly fails to conform to any requirement of this subchapter, shall be guilty of a class A misdemeanor." > — 24 Del. C. § 1789(a) **Legal analysis** There is no criminal penalty attached to 24 Del. C. § 1790 itself for performing or violating the viability limits. The only criminal provision in the abortion subchapters is 24 Del. C. § 1789 (Parental Notice of Abortion Act): any person who intentionally performs an abortion on an unemancipated minor knowing of or with reckless disregard of her status, and who fails to comply with notice requirements, is guilty of a class A misdemeanor (up to 1 year at Level V, fine up to $2,300 per 11 Del. C. § 4206). The shield law (24 Del. C. § 1731(b)) provides that the Board of Medical Licensure and Discipline may not discipline a physician for performing, recommending, or providing reproductive health services lawful in Delaware, even for patients from states where it is illegal — insulating physicians from license consequences. *Sources — Verified at source · High confidence · 24 Del. C. § 1789(a), subsection (a), [Justia](https://law.justia.com/codes/delaware/title-24/chapter-17/subchapter-viii/section-1789) · 11 Del. C. § 4206(a), subsection (a), [Justia](https://law.justia.com/codes/delaware/title-11/chapter-42/section-4206)* **Editor's note.** Post-viability abortion in violation of § 1790(b) might theoretically be subject to general medical malpractice or unprofessional conduct proceedings, but it carries no specific criminal penalty under the Medical Practice Act. #### Prescriber pharmacist **No criminal exposure; shield protections** Non-physician prescribers (PAs, APRNs) and pharmacists face no criminal penalty for prescribing or dispensing medication abortion in compliance with the law. 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. > "A physician associate or an advanced practice registered nurse may prescribe medication for the termination of pregnancy including Mifeprex, Mifepristone, and Misoprostol." > — 24 Del. C. § 1790(c) **Legal analysis** 24 Del. C. § 1790(c) affirmatively authorizes PAs and APRNs to prescribe medication abortion. No criminal penalty attaches to this provision. The parental-notice violation penalty in § 1789(a) applies to 'any person' — not only physicians — so PAs, APRNs, and CNMs face the same class A misdemeanor exposure for knowingly violating notice requirements for minors under 16. The shield law amendments to Title 24 (§ 1773(c) for PAs; § 1922(d) for nurses) expressly prohibit the respective licensing boards from imposing sanctions for providing reproductive health services lawful in Delaware, including to out-of-state patients. Pharmacists are not separately addressed in the abortion statutes; general pharmacy law governs their dispensing of lawful prescriptions. *Sources — Verified at source · High confidence · 24 Del. C. § 1790(c), subsection (c), [Delaware Code Online](https://delcode.delaware.gov/title24/c017/sc09/index.html)* #### Nurses and staff **No direct criminal exposure** Clinic staff assisting in lawful abortions face no criminal liability; the shield law protects them from out-of-state actions. 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. **Legal analysis** Delaware's abortion subchapters do not impose criminal liability on ancillary clinical staff. Section 1794 (prohibition on unauthorized abortion-related conduct) applies to 'any person' who sells or gives drugs, gives advice, or assists 'unless the termination of a human pregnancy has been authorized pursuant to § 1790,' which would cover staff assisting in a lawful abortion. The general accomplice-liability statute (11 Del. C. § 271) would not apply because the primary conduct they assist is not a crime. The shield law (10 Del. C. § 3928) protects anyone who 'knowingly engages in conduct that aids or abets the performance or inducement of the termination of pregnancy' from out-of-state civil actions. *Sources — Verified at source · High confidence · 24 Del. C. § 1794, subsection (3), [Delaware Code Online](https://delcode.delaware.gov/title24/c017/sc09/index.html)* **Editor's note.** Section 1794's prohibition on assisting only applies when the abortion is 'not authorized pursuant to § 1790.' The statute does not specify a penalty for § 1794 violations — the provision appears to operate as a licensing/regulatory restriction rather than a criminal one. The absence of a specific penalty for § 1794 violations should be confirmed against the full code. #### Other helpers **No exposure; shield law protected** Friends, family, employers, and abortion funds face no criminal or civil liability under Delaware law for helping someone obtain an abortion. 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. > "A law of another state that authorizes a person to bring a civil action against a person that... [k]nowingly engages in conduct that aids or abets the performance or inducement of the termination of pregnancy... is contrary to the public policy of this State." > — 10 Del. C. § 3928(a)(3) **Legal analysis** Section 1794 prohibits assisting only 'unless the termination of a human pregnancy has been authorized pursuant to § 1790.' Pre-viability abortions are authorized; post-viability abortions that meet the exceptions are also authorized. Thus, helping someone obtain an authorized abortion is not prohibited. The shield law (10 Del. C. § 3928(a)(3)) declares out-of-state laws authorizing civil actions against those who 'knowingly engage[] in conduct that aids or abets the performance or inducement of the termination of pregnancy' contrary to Delaware public policy, and § 3928(b) prohibits state agents from issuing subpoenas or enforcing such laws. There is no SB8-style civil bounty mechanism and no 'abortion trafficking' statute in Delaware. *Sources — Verified at source · High confidence · 10 Del. C. § 3928(a)(3), Section 3, § 3928(a)(3), [Delaware General Assembly (session law chp 327)](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327)* ## Aiding & assisting ### Travel assistance **Not criminalized; shield protects** 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. 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. **Legal analysis** Delaware has no statute criminalizing or creating civil liability for assisting travel for abortion, whether in-state or out-of-state. Section 1794's prohibition on assisting applies only to unauthorized abortions — and travel assistance is several steps removed from the abortion procedure itself. The shield law's anti-subpoena provisions (10 Del. C. § 3928(b)) and the anti-extradition provision (11 Del. C. § 2506, as amended) block out-of-state efforts to reach Delaware residents who assist with travel. No local ordinance in Delaware penalizes or restricts abortion travel. *Sources — Verified at source · High confidence · 10 Del. C. § 3928, Section 3, § 3928(a), [Delaware General Assembly (session law chp 327)](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327)* ### Funding **Not criminalized; shield protects** Paying for an abortion or abortion-related travel — including by abortion funds or employers — faces no legal barrier in Delaware. 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. > "When any person has had a judgment entered against such person, in any state, where liability, in whole or in part, is based on the alleged provision, receipt, assistance in receipt or provision, material support for... reproductive health services that are lawful in this State, such person may recover damages from any party that brought the action leading to that judgment." > — 10 Del. C. § 3929(b) **Legal analysis** No Delaware statute limits or prohibits funding abortion. Section 1794's prohibition on 'assisting' does not specify funding and applies only to unauthorized abortions. The clawback provision at 10 Del. C. § 3929 permits a person who has a judgment entered against them in another state based on the provision, receipt, assistance, or material support for reproductive health services lawful in Delaware to recover damages — including the amount of the out-of-state judgment, costs, expenses, and attorney's fees — from the party that brought the action. This creates a powerful deterrent against out-of-state civil actions targeting Delaware-based funders. *Sources — Verified at source · High confidence · 10 Del. C. § 3929(b), Section 3, § 3929(b), [Delaware General Assembly (session law chp 327)](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327)* ### Mailing pills **Not banned; shield protects** 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. 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. **Legal analysis** Delaware has no state-level prohibition on mailing abortion medication. Section 1794 prohibits selling or giving drugs for an unauthorized abortion, but pre-viability abortion is authorized, and the shield law reinforces that reproductive health services lawful in Delaware are protected. The Texas AG's lawsuit against Delaware NP Debra Lynch (Her Safe Harbor), filed January 27, 2026, tests the practical limits of shield-law protections for mailing pills across state lines. As of this writing, the shield law operates to block enforcement of any resulting Texas judgment in Delaware courts, and the extradition provision (11 Del. C. § 2506) blocks extradition for conduct lawful in Delaware. Federal preemption questions under the Comstock Act remain unsettled. *Sources — Verified at source · Medium confidence · 11 Del. C. § 2506 (as amended by 83 Del. Laws c. 327), Section 4, [Delaware General Assembly (session law chp 327)](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327)* **Editor's note.** The Texas v. Lynch litigation (filed Jan. 2026) is an active test of shield-law protections for cross-border mailing of abortion pills. The outcome could affect the practical enforceability of Delaware's shield law against determined out-of-state prosecutors. ### Providing information **No liability; First Amendment limits** Providing information or referrals about abortion is not prohibited by Delaware law; any restriction would face First Amendment scrutiny. 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. > "No person shall, unless the termination of a human pregnancy has been authorized pursuant to § 1790 of this title... Give advice, counsel or information for the purpose of causing, inducing or obtaining a termination of such pregnancy." > — 24 Del. C. § 1794(2) **Legal analysis** Section 1794(2) prohibits giving 'advice, counsel or information for the purpose of causing, inducing or obtaining a termination of such pregnancy' — but only when the abortion is not authorized by § 1790. Since pre-viability abortion is authorized, providing information to facilitate it does not violate § 1794. Even if a post-viability abortion is unauthorized, any attempt to restrict informational speech would face strict First Amendment scrutiny. The shield law's reproductive health services definition includes 'counseling or referral services,' extending protections to those who provide information. The Attorney General's Abortion Legal Helpline is itself a state-sponsored source of abortion information. *Sources — Verified at source · High confidence · 24 Del. C. § 1794(2), subsection (2), [Delaware Code Online](https://delcode.delaware.gov/title24/c017/sc09/index.html)* ### Civil bounty **No SB8-style bounty law** Delaware has no private civil enforcement mechanism like Texas's SB 8; no person can sue another for having, performing, or assisting an abortion. 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. > "A law of another state that authorizes a person to bring a civil action against a person that does any of the following is contrary to the public policy of this State" > — 10 Del. C. § 3928(a) **Legal analysis** No Delaware statute creates a private right of action for abortion-related conduct. The shield law at 10 Del. C. § 3928(a) declares out-of-state laws authorizing civil actions for abortion-related conduct contrary to Delaware public policy. Section 3929 allows clawback of damages from anyone who brings such an action. Delaware is among the strongest shield-law states, affirmatively hostile to civil bounty mechanisms. *Sources — Verified at source · High confidence · 10 Del. C. § 3928(a), Section 3, § 3928(a), [Delaware General Assembly (session law chp 327)](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327)* ## Procedural requirements ### Waiting period **No waiting period** Delaware imposes no mandatory waiting period between counseling and the abortion procedure. 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. **Legal analysis** Delaware has no statute imposing a waiting period — 24 hours, 48 hours, or 72 hours — between the initial consultation or counseling and the abortion procedure. The state formerly had a 24-hour waiting period that was repealed. For minors under 16, 24 Del. C. § 1783 requires at least 24 hours' actual notice to a parent, guardian, grandparent, or licensed mental health professional before the abortion, but this is a notice-timing requirement, not a two-trip waiting period. The minor need not wait 24 hours after the notice is given before the procedure if she obtains a judicial waiver. *Sources — Verified at source · High confidence · 24 Del. C. § 1783(1), subsection (1), [Justia](https://law.justia.com/codes/delaware/title-24/chapter-17/subchapter-viii/section-1783)* ### Mandatory counseling **No state-scripted counseling** Delaware imposes no mandatory state-scripted counseling or materials; general medical informed consent applies. 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. **Legal analysis** Delaware's former informed-consent law for abortion was repealed. No current statute requires the provision of state-authored materials, a state-mandated lecture, or the recitation of specific information about fetal pain, alternatives to abortion, or medication abortion reversal. Section 1791 contains a conscience clause protecting providers and hospitals that refuse to participate, but it does not impose affirmative duties. State-mandated counseling was repealed before the current regulatory framework was adopted. The only affirmative disclosure requirement is the parental-notice framework for minors (§§ 1783–1788), which requires the person contacted to explain 'the options available to her include adoption, abortion and full-term pregnancy.' *Sources — Verified at source · High confidence · 24 Del. C. § 1783(1), subsection (1), [Justia](https://law.justia.com/codes/delaware/title-24/chapter-17/subchapter-viii/section-1783)* ### Ultrasound requirement **No ultrasound requirement** Delaware does not require an ultrasound before an abortion, whether to be performed, offered, or displayed. 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. **Legal analysis** No Delaware statute requires an ultrasound as a precondition to abortion. Delaware's abortion law contains no ultrasound provision — not a requirement to perform one, offer one, describe it, or display it. This is consistent with Delaware's overall posture of minimizing procedural barriers to abortion access. *Sources — No law on this point · High confidence* **Editor's note.** The absence of an ultrasound statute is confirmed by a review of Title 24, Chapter 17, Subchapters VIII and IX, which contain no ultrasound-related provisions. ### In person visits **Zero required in-person visits** Delaware requires zero in-person visits for abortion; telehealth prescribing of medication abortion is permitted. 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. **Legal analysis** Delaware imposes no in-person visit requirement. Telehealth prescribing of medication abortion is permitted under § 1790(c), which authorizes PAs and APRNs to prescribe mifepristone and misoprostol without specifying an in-person requirement. Unlike states that mandate a counseling visit followed by a procedure visit at least 24 hours later, Delaware has neither a waiting period nor an in-person counseling requirement. The parental-notice requirement for minors creates a potential practical need for a second visit if the notice cannot be given the same day, but the law does not mandate two in-person visits. *Sources — Verified at source · High confidence · 24 Del. C. § 1790(c), subsection (c), [Delaware Code Online](https://delcode.delaware.gov/title24/c017/sc09/index.html)* ## Minors ### Parental involvement **Parental notice required under 16** 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 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. > "No physician or other medically authorized person shall perform an abortion upon an unemancipated minor unless the physician, medically authorized person, or an agent... has given at least 24 hours actual notice to one or both parents (either custodial or noncustodial), a grandparent, a licensed mental health professional... or to the legal guardian of the pregnant minor of the intention to perform the abortion." > — 24 Del. C. § 1783(1) **Legal analysis** 24 Del. C. § 1783 requires notice — not consent — for an 'unemancipated minor,' defined at § 1782(6) as a female under 16. Notice must be given to one or both parents, a grandparent, a licensed mental health professional, or a legal guardian at least 24 hours before the abortion. The person receiving notice must explain the options of adoption, abortion, and full-term pregnancy, and a mental health professional must certify an assessment. Section 1784 provides for judicial bypass: the minor petitions Family Court, and the court must grant the waiver if the minor is 'mature and well-informed enough to make the abortion decision on her own' or if waiver is 'in the best interest of the minor.' Section 1787 exempts medical emergencies. Section 1786 prohibits coercion of a minor to have an abortion or to continue a pregnancy. The penalty for violation is a class A misdemeanor (§ 1789). Emancipated minors are exempt (§ 1782(3)). *Sources — Verified at source · High confidence · 24 Del. C. § 1783(1), subsection (1), [Justia](https://law.justia.com/codes/delaware/title-24/chapter-17/subchapter-viii/section-1783)* ### Judicial bypass **Judicial bypass available** 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. 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. > "The Court, by a judge, shall grant the written application for a waiver if the facts recited in the application establish that the minor is mature and well-informed enough to make the abortion decision on her own or that it is in the best interest of the minor that notification pursuant to § 1783 of this title be waived." > — 24 Del. C. § 1784(b) **Legal analysis** 24 Del. C. § 1784 provides the judicial-bypass mechanism. The minor may petition Family Court in any county. Subsection (b) specifies: 'The Court, by a judge, shall grant the written application for a waiver if the facts recited in the application establish that the minor is mature and well-informed enough to make the abortion decision on her own or that it is in the best interest of the minor that notification pursuant to § 1783 of this title be waived.' The statute provides for expedited proceedings, confidentiality, and appeal. The standard is disjunctive: maturity OR best interests. The minor need not prove both. Section 1785 provides a short-form affidavit. No filing fees may be charged to the minor. *Sources — Semi-verified · High confidence · 24 Del. C. § 1784(b), subsection (b), [Justia](https://law.justia.com/codes/delaware/title-24/chapter-17/subchapter-viii/section-1784)* **Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ## Paternal spousal rights ### Consent or notice laws **No spousal consent or notice law** Delaware has never had — or has repealed — any law requiring spousal or paternal consent or notice for abortion. 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. **Legal analysis** No Delaware statute requires spousal consent or notice. Under Planned Parenthood v. Danforth, 428 U.S. 52 (1976), spousal consent requirements are unconstitutional. Planned Parenthood v. Casey, 505 U.S. 833 (1992) struck down spousal notification requirements as an undue burden. Even after Dobbs, Delaware's permissive statutory regime and the pending constitutional amendment confirm that no spousal right would be recognized. Delaware repealed its pre-Roe criminal abortion statutes (HB 31, 2021) and has enacted an affirmative right to abortion. No spousal provision existed in those repealed sections. *Sources — Semi-verified · High confidence · Planned Parenthood v. Danforth, 428 U.S. 52 (1976), [Arizona State University Embryo Project](https://embryo.asu.edu/pages/planned-parenthood-v-danforth-1976)* **Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ### Enforceability **Not on the books; Danforth controls** No spousal provision exists to enforce; Danforth and Casey would foreclose any such enactment, though Dobbs has unsettled the constitutional landscape. 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. **Legal analysis** No spousal statute is on the Delaware books. Danforth (1976) held spousal consent unconstitutional; Casey (1992) struck spousal notice. Dobbs (2022) overruled Roe and Casey but did not expressly address spousal-consent holdings. In theory, Dobbs could reopen the question, but Delaware's affirmative statutory protection (24 Del. C. § 1790) would independently preclude a spousal-veto law — the statute says authorized providers 'may terminate' a pregnancy, not 'may terminate only with spousal consent.' Any spousal provision would conflict with the express terms of § 1790. *Sources — No law on this point · High confidence · Planned Parenthood v. Casey, 505 U.S. 833 (1992)* **Editor's note.** Danforth and Casey citations are foundational but secondary here; Delaware has no spousal law to analyze. ### Other paternal rights **Wrongful-death standing for viable fetus** Delaware case law recognizes wrongful-death claims for viable fetuses; the father may have standing as a beneficiary. 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. > "a viable foetus injured or killed by the negligence of another is entitled to sue either on its own behalf or through an administrator, depending upon whether it survived the accident" > — Worgan v. Greggo & Ferrara, Inc., 128 A.2d 557 (Del. Super. Ct. 1956) **Legal analysis** In Worgan v. Greggo & Ferrara, Inc., 128 A.2d 557 (Del. Super. Ct. 1956), the Delaware Superior Court held that a viable fetus injured or killed by negligence is entitled to sue through an administrator, establishing wrongful-death standing for viable fetuses. The wrongful death statute, 10 Del. C. § 3724, allows an action for the benefit of 'the spouse, parent, child and siblings of the deceased person.' A father may qualify as a 'parent' beneficiary. This right does not extend to non-viable fetuses, and it does not apply to lawful abortions because the death is not 'wrongful.' Delaware has no putative-father registry relevant to abortion. No Delaware court has recognized a father's right to enjoin an abortion. *Sources — Verified at source · High confidence · Worgan v. Greggo & Ferrara, Inc., 128 A.2d 557 (Del. Super. Ct. 1956), slip op. at 2, [Justia](https://law.justia.com/cases/delaware/superior-court/1956/128-a-2d-557-4.html)* ## Fetal personhood ### Fetal homicide law **Fetal homicide: third-party violence only** 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. 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. > "A person is guilty of abuse of a pregnant female in the first degree when in the course of or in furtherance of the commission or attempted commission of assault third degree any violent felony against or upon a pregnant female, or while in immediate flight therefrom, the person intentionally and without her consent causes the unlawful termination of her pregnancy." > — 11 Del. C. § 606(a) **Legal analysis** 11 Del. C. § 605 (abuse of a pregnant female in the second degree): class C felony when a person, in the course of committing assault third degree or any violent felony against a pregnant female, 'recklessly and without her consent causes the unlawful termination of her pregnancy.' 11 Del. C. § 606 (first degree): class B felony when the person 'intentionally and without her consent causes the unlawful termination of her pregnancy.' Both require an underlying crime against the woman and that the termination be 'without her consent.' These statutes do not apply to abortion providers acting with consent, nor to the pregnant woman herself. They do not define the fetus as a separate 'person' or 'human being' — they criminalize an aggravated form of assault on a pregnant woman. The statutes predate the current permissive abortion framework and were enacted in 1999 (72 Del. Laws c. 43). *Sources — Verified at source · High confidence · 11 Del. C. § 606(a), subsection (a), [Justia](https://law.justia.com/codes/delaware/title-11/chapter-5/subchapter-ii/section-606)* ### Wrongful death **Wrongful-death for viable fetus** Delaware recognizes a civil wrongful-death cause of action for a viable fetus, established by Worgan v. Greggo & Ferrara (1956). 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.' > "a viable foetus injured or killed by the negligence of another is entitled to sue either on its own behalf or through an administrator, depending upon whether it survived the accident" > — Worgan v. Greggo & Ferrara, Inc., 128 A.2d 557 (Del. Super. Ct. 1956) **Legal analysis** Worgan v. Greggo & Ferrara, Inc., 128 A.2d 557 (Del. Super. Ct. 1956) held that a viable fetus injured or killed by negligence can be the subject of a wrongful-death action. The court overruled its earlier decision and adopted the modern rule. The operative statute, 10 Del. C. § 3724, uses the term 'deceased person'; courts have interpreted this to include viable fetuses. The statute does not define 'person' to include the unborn from conception; viability is the common-law threshold. No Delaware court has addressed whether a non-viable fetus can be the subject of a wrongful-death action. Lawful abortion does not give rise to a wrongful-death claim because there is no 'wrongful act.' *Sources — Verified at source · High confidence · Worgan v. Greggo & Ferrara, Inc., 128 A.2d 557 (Del. Super. Ct. 1956), slip op. at 2, [Justia](https://law.justia.com/cases/delaware/superior-court/1956/128-a-2d-557-4.html)* ### Personhood definition **No statutory fetal personhood** Delaware has no constitutional or statutory definition deeming a fetus a 'person,' 'human being,' or 'child' from conception. 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. **Legal analysis** No provision of the Delaware Constitution or Delaware Code defines 'person' or 'human being' to include an unborn child from conception. The abortion law's viability distinction (§ 1790) implies that the state's interest in fetal life increases at viability, but it does not confer legal personhood. The abuse-of-pregnant-female statutes (§§ 605–606) criminalize causing unlawful termination of pregnancy without the woman's consent, but they are framed as crimes against the pregnant woman, not homicide of a separate 'person.' The wrongful-death case law (Worgan) recognizes civil claims for viable fetuses but does not declare fetuses to be persons from conception. The pending constitutional amendment (SB 5) would define 'reproductive freedom' to include abortion rights, which is inconsistent with fetal personhood. *Sources — No law on this point · High confidence* **Editor's note.** The absence of fetal-personhood language is confirmed by a review of the Delaware Constitution and relevant sections of Titles 10, 11, and 24. ### 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 & interstate questions ### Telehealth prescribing **Telehealth permitted** Abortion medication can be prescribed by telehealth to a patient in Delaware, by in-state or out-of-state providers acting within Delaware law. 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. > "This section applies to a policy that covers any medical professional who prescribes medication for the termination of human pregnancy to an out-of-state patient by means of telehealth." > — 18 Del. C. § 2535 (as amended by 83 Del. Laws c. 327, § 5) **Legal analysis** 24 Del. C. § 1790(c) authorizes medication abortion prescribing by PAs and APRNs without requiring an in-person examination. Delaware's general telehealth statute and medical practice regulations permit telehealth prescribing. The shield law amendments to Title 18 (§ 2535) expressly prohibit insurers from taking adverse action against professionals who provide reproductive health services, including 'medication for the termination of human pregnancy to an out-of-state patient by means of telehealth.' This confirms that telehealth to out-of-state patients is contemplated and protected. The FDA REMS for mifepristone does not currently require in-person dispensing; the drug can be mailed following a telehealth consultation. *Sources — Verified at source · High confidence · 18 Del. C. § 2535 (as amended by 83 Del. Laws c. 327, § 5), Section 5, [Delaware General Assembly (session law chp 327)](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327)* ### Out of state travel **Travel not restricted** Delaware residents may travel out of state for abortion; no Delaware law criminalizes or restricts such travel. 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. **Legal analysis** Delaware imposes no travel restrictions on abortion. No statute reaches conduct that occurs outside Delaware's territorial jurisdiction in connection with abortion. The shield law's extradition amendment (11 Del. C. § 2506) blocks extradition for acts lawful in Delaware, which includes traveling or facilitating travel for abortion. The shield law's anti-subpoena provisions prevent Delaware courts from enforcing out-of-state subpoenas related to reproductive health services. Delaware has not enacted any 'abortion trafficking' statute, travel ban, or statute purporting to apply Delaware abortion law extraterritorially. *Sources — Verified at source · High confidence · 10 Del. C. § 3928(b), Section 3, § 3928(b)(3), [Delaware General Assembly (session law chp 327)](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327)* ### Shield or hostile laws **Comprehensive shield law in effect** Delaware's 2022 shield law blocks out-of-state subpoenas, extradition, judgments, and professional discipline related to reproductive health services lawful in Delaware. 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. > "The State shall not... [i]ssue or enforce a subpoena for information or testimony issued by another state or government relating to a civil action described in subsection (a) of this section." > — 10 Del. C. § 3928(b)(3) **Legal analysis** 83 Del. Laws c. 327 (HB 455, enacted June 29, 2022) amended Titles 10, 11, 18, and 24. Key provisions: (1) 10 Del. C. § 3928 declares out-of-state laws authorizing civil actions for abortion contrary to Delaware public policy and prohibits state agents from issuing subpoenas or enforcing such laws. (2) 10 Del. C. § 3929 creates a clawback cause of action for damages, costs, and fees against anyone who obtains an out-of-state judgment based on reproductive health services lawful in Delaware. (3) 10 Del. C. § 3926A protects the confidentiality of reproductive health services records. (4) 11 Del. C. § 2506 blocks extradition for acts lawful in Delaware. (5) 24 Del. C. §§ 1731(b), 1773(c), 1922(d) bar professional discipline against physicians, PAs, and nurses for providing reproductive health services lawful in Delaware. (6) 18 Del. C. § 2535 prohibits insurers from taking adverse action against providers serving out-of-state patients. The shield law has been actively invoked: Attorney General Jennings has publicly stated Delaware will not cooperate with out-of-state abortion investigations. *Sources — Verified at source · High confidence · 10 Del. C. § 3928(b)(3), Section 3, § 3928(b)(3), [Delaware General Assembly (session law chp 327)](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327)* **Editor's note.** The Texas AG lawsuit against Debra Lynch (Her Safe Harbor), filed January 2026, tests the practical durability of shield laws when a ban state's attorney general sues in his own courts. The shield law blocks enforcement in Delaware but cannot prevent entry of a Texas judgment, which raises Full Faith and Credit Clause questions. ## Funding and insurance ### Medicaid **Medicaid covers abortion; HB 110** Delaware Medicaid covers abortion services; HB 110 (2024) mandates coverage without cost-sharing up to $750/year, effective for public plans January 2025. 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. > "requires all health benefit plans delivered or issued for Medicaid, private health insurance plans, and state employee insurance plans to cover services related to the termination of pregnancy" > — HB 110 (152nd General Assembly, 2024) **Legal analysis** HB 110 (House Substitute 2 for HB 110), signed into law in September 2024, amended Title 31 to require Medicaid coverage of abortion services. The mandate became effective for public plans (Medicaid and state employee plans) as of January 1, 2025, and for private insurance plans for policies issued or renewed on or after January 1, 2026. Coverage is required without referral, prior authorization, or cost-sharing up to $750 annually per enrollee. Religious employers may request an exclusion. This is broader than the federal Hyde Amendment, which restricts federal Medicaid funds to abortion only in cases of life endangerment, rape, or incest. Delaware uses state funds to cover abortion beyond Hyde categories. *Sources — Semi-verified · High confidence · HB 110 (152nd General Assembly, 2024), Bill summary, [Delaware General Assembly](https://legis.delaware.gov/BillDetail/141171)* **Editor's note.** The effective date for private insurance is policies issued or renewed on or after January 1, 2026. For public plans, January 1, 2025. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ### Private insurance **Must cover abortion under HB 110** HB 110 mandates all private health insurance plans in Delaware to cover abortion services without cost-sharing up to $750/year, effective January 2026. 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. **Legal analysis** HB 110 applies to 'all health benefit plans delivered or issued for Medicaid, private health insurance plans, and state employee insurance plans.' For private group, blanket, and individual coverage, the mandate takes effect for policies issued, renewed, or altered on or after January 1, 2026. The coverage must be provided without referral, prior authorization, or cost-sharing up to $750 per enrollee per year. Certain religious employers may request exclusion. This makes Delaware the fifth state to require private insurers to cover abortion. *Sources — Semi-verified · High confidence · HB 110 (152nd General Assembly, 2024), Bill summary, [Delaware General Assembly](https://legis.delaware.gov/BillDetail/141171)* **Editor's note.** The private-insurance mandate becomes effective for plan years on or after January 1, 2026. Verify the current effective date against the final enacted text of HB 110 before publication. Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ### Exchange plans **Exchange plans must cover abortion** ACA marketplace plans in Delaware are subject to the same coverage mandate under HB 110; no separate exchange restriction applies. 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. **Legal analysis** Delaware has not enacted a separate restriction on abortion coverage in ACA exchange plans (unlike some states that prohibit such coverage). HB 110 applies broadly to 'private health insurance plans,' which encompasses individual market plans sold on the exchange. No Delaware statute restricts or prohibits abortion coverage in qualified health plans. *Sources — Semi-verified · High confidence · HB 110 (152nd General Assembly, 2024), Bill summary, [Delaware General Assembly](https://legis.delaware.gov/BillDetail/141171)* **Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ### State funding of providers **State funds providers; no defunding** Delaware does not defund abortion providers; to the contrary, HB 110 requires state Medicaid and employee plans to cover abortion services. 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. **Legal analysis** Delaware has no statute that excludes abortion providers from state funding programs, family planning grants, or other appropriations based on their provision of abortion services. HB 110 affirmatively requires state employee insurance plans and Medicaid to cover abortion. This contrasts with states that have enacted 'defunding' statutes barring state funds from flowing to any entity that performs or refers for abortion. Delaware's posture is one of affirmative funding. *Sources — Semi-verified · High confidence · HB 110 (152nd General Assembly, 2024), Bill summary, [Delaware General Assembly](https://legis.delaware.gov/BillDetail/141171)* **Editor's note.** Status set by the research runner: the claim matched search-result snippets, but none of the cited pages were opened in full during research. Confirm the quoted text at the cited URL before publication. ## Penalties | Actor | Offense | Penalty | Verification | | --- | --- | --- | --- | | 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 | Verified at source | | 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 | Verified at source | | 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 | Verified at source | | 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 | Verified at source | | Pregnant woman | None — no criminal statute applies; former 11 Del. C. § 652 repealed by HB 31 (2021) | None | Verified at source | ## Recent changes - **June 30, 2017** — 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 — 80 Del. Laws c. 117 (SB 5, 2017), [Delaware General Assembly](https://whyy.org/articles/delaware-legislature-passes-qofficialq-abortion-law)* - **September 30, 2021** — 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 — 83 Del. Laws c. 298 (HB 31, 2021), Synopsis, [Delaware General Assembly](https://legis.delaware.gov/BillDetail/48421)* - **June 29, 2022** — 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 — 83 Del. Laws c. 327 (HB 455, 2022), Preamble, [Delaware General Assembly](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327)* - **August 10, 2022** — 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 — Attorney General's Abortion Legal Helpline, [Delaware Department of Justice](https://attorneygeneral.delaware.gov/executive/abortionhelpline)* - **September 30, 2024** — 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 — HB 110 (152nd General Assembly, 2024), Bill summary, [Delaware General Assembly](https://legis.delaware.gov/BillDetail/141171)* - **March 11, 2025** — 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 — SB 5 (153rd General Assembly, 2025), Bill summary, [Delaware General Assembly](https://legis.delaware.gov/BillDetail/141830)* - **March 31, 2025** — HB 46, which would have required parental consent (not just notification) for minors under 16 seeking abortion, failed to advance in committee. *Sources — HB 46 (153rd General Assembly, 2025), [Spotlight Delaware](https://spotlightdelaware.org/2025/03/26/bill-aims-to-require-parental-consent-for-abortion)* - **January 27, 2026** — 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 — Texas v. Lynch (filed Jan. 27, 2026), [WHYY / Texas Tribune](https://whyy.org/articles/texas-attorney-general-sues-delaware-abortion-provider)* ## Pending changes ### Texas v. Lynch (Texas state court) (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. 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 — Texas v. Lynch, [WHYY](https://whyy.org/articles/texas-attorney-general-sues-delaware-abortion-provider)* ### SB 251 — Pain-Capable Unborn Child Protection Act (153rd General Assembly) (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. 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 — Senate Substitute 1 for SB 251, Bill summary, [Delaware General Assembly](https://legis.delaware.gov/BillDetail/143086)* ### SB 5 — Constitutional Amendment on Reproductive Freedom (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. 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 — SB 5 (153rd General Assembly, 2025), Bill summary, [Delaware General Assembly](https://legis.delaware.gov/BillDetail/141830)* ## Key authorities - **Termination of Human Pregnancy Act** — 24 Del. C. §§ 1790–1795 _(Statute)_ · [delcode.delaware.gov/title24/c017/sc09/index.html](https://delcode.delaware.gov/title24/c017/sc09/index.html) The core authorization statute — affirmatively permits abortion before viability and establishes post-viability exceptions. - **Parental Notice of Abortion Act** — 24 Del. C. §§ 1780–1789B _(Statute)_ · [law.justia.com/codes/delaware/titl…](https://law.justia.com/codes/delaware/title-24/chapter-17/subchapter-viii) 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. - **Reproductive Health Shield Law** — 83 Del. Laws c. 327 (codified at 10 Del. C. §§ 3926A–3929, 11 Del. C. § 2506, and amendments to Titles 18 and 24) _(Statute)_ · [legis.delaware.gov/json/BillDetail/Gen…](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentSessionLaw?sessionLawId=109604&docTypeId=13&sessionLawName=chp327) Comprehensive interstate shield protecting providers, patients, and helpers; blocks out-of-state subpoenas, extradition, and professional discipline. - **HB 31 (Repeal of Criminal Abortion Ban)** — 83 Del. Laws c. 298 (2021) _(Statute)_ · [legis.delaware.gov/BillDetail/48421](https://legis.delaware.gov/BillDetail/48421) Repealed the pre-Roe criminal abortion statutes (11 Del. C. §§ 651–654), removing the pregnant woman's criminal exposure. - **HB 110 (Insurance Coverage Mandate)** — 152nd General Assembly, HB 110 (2024) _(Statute)_ · [legis.delaware.gov/BillDetail/141171](https://legis.delaware.gov/BillDetail/141171) Requires Medicaid, private insurance, and state employee plans to cover abortion without cost-sharing up to $750/year. - **Abuse of Pregnant Female statutes** — 11 Del. C. §§ 605–606 _(Statute)_ · [law.justia.com/codes/delaware/titl…](https://law.justia.com/codes/delaware/title-11/chapter-5/subchapter-ii/section-606) Criminalizes third-party violence causing unlawful pregnancy termination without the woman's consent; does not apply to abortion. - **Worgan v. Greggo & Ferrara, Inc.** — 128 A.2d 557 (Del. Super. Ct. 1956) _(Case)_ · [law.justia.com/cases/delaware/supe…](https://law.justia.com/cases/delaware/superior-court/1956/128-a-2d-557-4.html) Establishes that viable fetuses can be the subject of wrongful-death claims under Delaware law. - **Wrongful Death Statute** — 10 Del. C. § 3724 _(Statute)_ · [law.justia.com/codes/delaware/titl…](https://law.justia.com/codes/delaware/title-10/chapter-37/subchapter-ii/section-3724) The statutory basis for wrongful-death claims, interpreted by Worgan to include viable fetuses. - **SB 5 — Reproductive Freedom Constitutional Amendment** — 153rd General Assembly, SB 5 (2025) _(Legislation)_ · [legis.delaware.gov/BillDetail/141830](https://legis.delaware.gov/BillDetail/141830) Pending constitutional amendment that would enshrine reproductive freedom in the Delaware Constitution; passed Senate, not yet enacted. ## Research notes > Overall confidence: High. Analysis current as of July 12, 2026; research completed July 12, 2026. 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. Unresolved points: 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..