Delaware

Delaware abortion laws are somewhat restrictive. The state requires a 24-hour waiting period following written consent and requires that abortion providers be licensed medical doctors. Delaware also subjects abortion providers to burdensome restrictions not applied to other medical professionals via Targeted Regulation of Abortion Providers (TRAP) laws. Additionally, Delaware allows certain individuals or entities to refuse to provide women abortions. Abortions must be performed within first 20 weeks except in cases where the life and/or health (physical or mental) are endangered. Violation of laws is considered a felony, with a maximum fine of $5,000 and imprisonment of 2 to 10 years.

Restrictions: 
Constitutionally limits abortion by gestational age after viability
Prohibits later abortion except to preserve a woman's life or health (physical or mental)

Delaware

Enacted legislation:

Delaware abortion laws are somewhat restrictive. The state requires a 24-hour waiting period following written consent and requires that abortion providers be licensed medical doctors. Delaware also subjects abortion providers to burdensome restrictions not applied to other medical professionals via Targeted Regulation of Abortion Providers (TRAP) laws. Additionally, Delaware allows certain individuals or entities to refuse to provide women abortions. Abortions must be performed within first 20 weeks except in cases where the life and/or health (physical or mental) are endangered. Violation of laws is considered a felony, with a maximum fine of $5,000 and imprisonment of 2 to 10 years.

Pending legislation:

In January 2019, Representative Richard Collins (R-041) introduced H 52, which claims that pain is experienced by pregnancies at “20 weeks after fertilization" and ban abortions once a pregnancy has reached a “pain-capable post fertilization age.” This legislation repeals and replaces the current gestational ban limit of “viability.” H 52 contains narrow health and life exceptions and makes no exceptions for rape or mental health. It also contains onerous reporting requirements.

Senator Bryant Richardson also introduced a similar bill, S 21, in the Senate.

 

Restrictions: Constitutionally limits abortion by gestational age after viability | Prohibits later abortion except to preserve a woman's life or health (physical or mental)