In Delaware
After Roe, abortion is legal until the unborn child is considered viable. Hear from Delaware Family Policy Council about what’s at stake, and how you can be part of the fight for life. Then, keep reading to find out more about your state’s post-Roe abortion laws.
After Roe, states have an even greater responsibility to protect life. Partner with your state’s family policy council to ensure that your state is pro-life, from conception all the way to natural death!”
Connect with Delaware Family Policy Council
THE BIG QUESTION
After Roe, does my state ban nearly all abortions or allow nearly all abortions?
Delaware allows nearly all abortions. It has a Freedom of Choice Act (FOCA) (codified as Del. Code Ann. tit. 24, §§ 1701 to 1799) that requires access to pre-viability abortions.
WHAT’S NEXT
What is my state’s next step in the fight for life, now that Roe is overturned?
Lawmakers have positioned Delaware to be an abortion destination. The Pro-life community in Delaware is absolutely committed to educating the public and offering real choices and support for women. Every legislative session, we will continue to work with lawmakers who introduce bills that recognize the humanity, and therefore the personhood, of unborn children. The pro-life community of Delaware is united, passionate, and growing!
MORE ABOUT YOUR STATE’S ABORTION LAWS
Below, we’ve summarized what abortion laws would are in your state after Roe.
Abortion Limits, Exceptions and Enforcement
Limitations on abortions
If my state won’t ban all abortions, what are the limits to abortion?
Abortions are banned post-viability. Del. Code Ann. tit. 24, § 1790(b) (Enacted 1969; Last Amended 1995).
Exceptions to any limitations
Are there any exceptions to those limitations placed on abortion?
Yes: It is an exception to the post-viability prohibition if continuation of the pregnancy is likely to endanger the mother’s life or health, or if the child has an abnormality that makes survival outside the uterus unlikely without extraordinary medical measures. Del. Code Ann. tit. 24, § 1790(b) (Enacted 1969; Last Amended 1995).
Penalties for performing an illegal abortion
What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?
None.
Enforcement
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
No one.
Special standards of care
Does my state impose a special medical standard of care on abortion providers?
No.
Protecting Fundamental Rights
Parents
Does my state give parents the right to consent for their child to get an abortion?
Notice to one parent is required; however, this state has a method where a minor can obtain permission from the courts to receive an abortion without parental notice or consent. Del. Code Ann. tit. 24, §§ 1780 to 1789B (Enacted 1995).
Medical professionals
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Yes: Individuals are not required to perform or participate in any medical procedure resulting in a pregnancy’s termination.
No hospital, hospital director, or governing board is required to allow pregnancy termination in its facilities. Del. Code Ann. tit. 24, § 1791 (Enacted 1969; Last Amended 1995).
Babies Born Alive
Are there legal protections for babies born alive following a botched abortion in my state?
Yes, physicians are required to promote, preserve, and maintain the life of a baby born alive, among other requirements. Del. Code Ann. tit. 24, § 1795.
Safety & Health of Women
Physician-only requirement
Does an abortion have to be provided by a licensed physician in my state?
Yes: Only a physician licensed by the state may conduct abortions. Del. Code Ann. tit. 24, § 1790 (Enacted 1969; Last Amended 1995).
Informed consent
Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?
No.
Waiting period
Does my state place any waiting requirement on abortion so that a mother has more time to decide?
Yes: For minors, 24-hour waiting period is required after parental notification. Del. Code Ann. tit. 24, §§ 1780 to 1789B (Enacted 1995).