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In Delaware

After Roe, abortion will be… 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 what abortion law would be in your state after Roe.

After Roe, states will 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!

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MORE ABOUT YOUR STATE’S ABORTION LAWS

Below, we’ve summarized what abortion laws would be in your state after Roe.


The Big Question

After Roe, will my state ban nearly all abortions or allow nearly all abortions?

Delaware will allow nearly all abortions. It has a Freedom of Choice Act (FOCA) that requires access to pre-viability abortions even when Roe is overturned.

Abortion Limits, Exceptions and Enforcement

Limitations on abortions

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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

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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. Del. Code Ann. tit. 24, § 1790(b) (Enacted 1969; Last Amended 1995).


Penalties for performing an illegal abortion

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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

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When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?

No one.


Special standards of care

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Does my state impose a special medical standard of care on abortion providers?

No.


Protecting Fundamental Rights

Parents

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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

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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

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Are there legal protections for babies born alive following a botched abortion in my state?

No.


Safety & Health of Women

Physician-only requirement

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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

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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

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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).


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