Restrictions

Delaware law generally prohibits abortion after viability.¹ Delaware law generally requires that a parent or legal guardian be notified prior to a minor’s abortion;² alternatively, a judge can approve a minor’s petition without parental notification.³

Delaware requires abortion providers to submit reports to the state.⁴ Delaware allows physicians, physician assistants, certified nurse midwives, certified nurse practitioners, and advanced practice registered nurses to provide abortion care prior to viability.⁵ Providers who violate Delaware’s abortion restrictions may face civil and criminal penalties.⁶

State Protections

Delaware law includes express statutory protections for abortion.⁷ In 2022, Delaware enacted an interstate shield law protecting providers, patients, and people who help others access abortion and other reproductive healthcare from professional licensure consequences, the reach of out-of-state investigations and legal actions, and the disclosure of information.⁸ The state requires public and private coverage of abortion care.⁹

Post-Roe Prohibitions

Delaware has repealed or amended its pre-Roe bans.¹⁰

Conclusion

Now that the Supreme Court has overturned Roe, abortion will remain legal in Delaware. State law includes express protections for abortion and, in 2021, Delaware repealed its final pre-Roe ban.