Delaware
Ranking: 30
- Delaware’s informed consent law requires that a woman be informed of the probable stage of her unborn child’s development, the abortion procedure to be used and the inherent risks of the procedure, alternative abortion procedures, the probable effects of an abortion on future childbearing, and the alternatives to abortion. The portion of the law requiring a 24-hour reflection period has been ruled unconstitutional.
- Delaware prohibits some coerced abortions, defining “coercion” as “restraining or dominating the choice of a minor female by force, threat of force, or deprivation of food and shelter.” The state emancipates a minor for social assistance purposes if her parents or guardians deny financial support by reason of her refusal to undergo an abortion.
- Despite a law that prohibits a physician from performing an abortion on an unemancipated minor under the age of 16 until 24 hours after notice has been given to one parent, the Delaware Attorney General issued a “Statement of Policy” in 1977, which has never been rescinded, providing that state officials will not prosecute abortion providers who fail to comply with this requirement. The law also permits substitute notice of a grandparent or mental health professional.
- Only licensed physicians may perform abortions.
- Delaware has an enforceable abortion reporting law, but does not require the reporting of information to the Centers for Disease Control (CDC). The measure pertains to both surgical and nonsurgical abortions.
- Delaware follows the federal standard for Medicaid funding for abortions, only permitting the use of federal or state matching Medicaid funds for abortions necessary to preserve the life of the woman or when the pregnancy is the result of rape or incest.
- Delaware offers “Choose Life” license plates.
- If health insurance plans provide coverage for prescription drugs, coverage must also be provided for contraception. An exemption exists for religious employers.
- Delaware law does not provide for the prosecution of third parties who kill or injure an unborn child.
- Delaware allows a parent or other relative to bring a wrongful death (civil) lawsuit when a viable unborn child is killed through the negligent or criminal act of another.
- The state has created a specific affirmative duty of physicians to provide medical care and treatment to infants born alive at any stage of development.
- Delaware maintains no laws related to human cloning, destructive embryo research, fetal experimentation, or human egg harvesting, nor does it promote ethical forms of research or maintain any meaningful regulation of assisted reproductive technologies.
- Assisted suicide is a felony in Delaware.
- Delaware law provides that no person can be required to participate in any medical procedures that result in an abortion.
- Hospitals are not required to permit abortions within their facility.
- Delaware currently provides no protection for the rights of healthcare providers who conscientiously object to participation in human cloning, destructive embryo research, or other forms of immoral medical research.
- Delaware considered legislation expanding abortion funding. It did not consider any life-affirming legislation.
- Abortion Mandate Opt-Out Act
- Defunding the Abortion Industry and Advancing Women’s Health Act
- Women’s Right to Know Act
- Women’s Health Protection Act (abortion clinic regulations)
- Abortion-Inducing Drugs Safety Act
- Crimes Against the Unborn Child Act
- Women’s Ultrasound Right to Know Act
- Coercive Abuse Against Mothers Prevention Act
- Joint Resolution Commending Pregnancy Centers
- Protection for unborn children from nonfatal assaults
- Unborn Wrongful Death Act (for pre-viable child)
- Pregnant Woman’s Protection Act
- Human Cloning Prohibition Act
- Destructive Embryo Research Act
- Prohibition on Public Funding of Human Cloning and Destructive Embryo Research Act
- Healthcare Freedom of Conscience Act
