Delaware abortion law protects the right to end a pregnancy before fetal viability, and allows abortion after viability only when a physician determines it is necessary to preserve the patient’s life or health, or when a fetal anomaly makes survival outside the uterus unlikely without extraordinary medical intervention. The state imposes no mandatory waiting period and no state-directed counseling script. Patients aged 16 and older face no parental involvement requirement.
The Viability Line and What Comes After
Delaware sets its limit at viability rather than a specific gestational week. Under Title 24, Section 1790, a qualified provider may perform an abortion before viability without added state restrictions beyond ordinary medical oversight.1Justia. Delaware Code Title 24 1790 – Termination of Pregnancy Before Viability Not Prohibited; Termination of Pregnancy After Viability Limited Viability itself is a clinical judgment, made case by case, not a number written into the statute.
After viability, only a physician may perform the procedure, and only in two situations: when it is necessary to protect the patient’s life or health, or when a fetal anomaly means the pregnancy cannot result in a child who survives outside the uterus absent extraordinary measures.1Justia. Delaware Code Title 24 1790 – Termination of Pregnancy Before Viability Not Prohibited; Termination of Pregnancy After Viability Limited The second exception covers families who receive a serious diagnosis late in pregnancy and would otherwise be forced to continue a nonviable pregnancy to term.
Who Can Perform an Abortion in Delaware
Delaware does not restrict abortion care to physicians alone before viability. Three categories of providers are authorized:
- Any licensed physician.
- A physician assistant working under a collaborative agreement with a physician trained in the relevant area.
- A certified nurse midwife or certified nurse practitioner who has completed training or certification approved by the Board of Nursing.1Justia. Delaware Code Title 24 1790 – Termination of Pregnancy Before Viability Not Prohibited; Termination of Pregnancy After Viability Limited
After viability the field narrows to physicians only, and only under the two exceptions above. The broader pre-viability list is one reason patients often have more provider options in Delaware than in neighboring states, particularly for early-pregnancy and medication abortion care.
Medication Abortion and Telehealth
Section 1790(c) explicitly allows physician assistants and advanced practice registered nurses to prescribe medications used for abortion, including mifepristone and misoprostol.1Justia. Delaware Code Title 24 1790 – Termination of Pregnancy Before Viability Not Prohibited; Termination of Pregnancy After Viability Limited Prescribing authority is not limited to physicians.
A 2023 change in FDA rules made mifepristone available nationwide through telehealth consultations and mail delivery. Because Delaware adds no state-level restrictions on telehealth prescribing for abortion medication, a patient can obtain a prescription through a virtual visit with a licensed Delaware provider and receive the medication by mail. Pending federal litigation could change the national picture, so this access is stable at the state level but uncertain at the federal one.
No Waiting Period and No State-Directed Counseling
Delaware does not require patients to wait a set number of hours or days between an initial consultation and the procedure. It also does not require providers to hand out state-prepared materials about adoption or other alternatives. Ordinary medical informed consent applies, the same as for any other procedure, but the state layers no abortion-specific script or delay on top of it. This is a meaningful difference from most other states.
Parental Notice for Patients Under 16
Delaware’s parental involvement rule is narrower than many people expect. It applies only to unemancipated patients under 16, and it requires notice, not consent.2Delaware Code Online. Delaware Code Title 24 – Parental Notice of Abortion Act Patients who are 16 or 17 face no parental involvement requirement at all.
When the patient is under 16, the provider or the provider’s agent must give at least 24 hours’ actual notice before the abortion. The notice does not have to reach a parent. It can go to any one of the following: a custodial or noncustodial parent, a grandparent, a legal guardian, or a licensed mental health professional.3Justia. Delaware Code Title 24 1783 – Notice Required If the person notified is not a parent or guardian, that person must discuss the minor’s options with her and agree that waiving parental notice is in her best interest. A mental health professional who receives the notice must also assess the minor’s circumstances.
Judicial Bypass
A minor who cannot safely notify any of the people on that list may petition Family Court in any Delaware county for a waiver. The court grants the waiver if it finds the minor mature and well-informed enough to make the decision on her own, or that waiving notice is in her best interest.4Justia. Delaware Code Title 24 1784 – Application for Waiver of Parental Notice Requirement; Grounds; Timeliness of Decision; Notice of Decision; Appeals; Costs The court cannot charge the minor any fees. If the waiver is granted, the provider cannot notify anyone about the abortion without the minor’s written permission. The court records for these proceedings are confidential.
The Division of Prevention and Behavioral Health Services must also offer counseling and support to a pregnant minor considering or pursuing a judicial bypass if she asks for it. No one else is notified that she sought the help, and no consent from anyone else is required.2Delaware Code Online. Delaware Code Title 24 – Parental Notice of Abortion Act
Insurance and Medicaid Coverage
Delaware expanded coverage for abortion in stages. Delaware Medicaid began covering up to $750 for services related to pregnancy termination as of January 1, 2025. For state-regulated private group and individual health plans, a similar coverage requirement took effect after December 31, 2025. State employees enrolled in the Group Health Insurance Plan cannot be charged copays or other cost-sharing for the service. A religious employer can seek an exemption if the coverage requirement conflicts with the organization’s religious beliefs and practices.
Shield Law for Providers and Out-of-State Patients
Delaware enacted a provider shield law in 2022 and later expanded it. Delaware courts and state agents cannot issue or enforce subpoenas, warrants, or other legal process tied to out-of-state actions against someone for performing, receiving, or assisting with an abortion that is legal in Delaware. Delaware courts also will not apply another state’s law that authorizes civil lawsuits over reproductive care that is lawful here.
A provider or patient who faces an out-of-state action based on care that is legal in Delaware can sue in Delaware to recover damages, costs, and attorney’s fees. Insurers are also barred from raising premiums or taking adverse action against a provider because they perform abortions, including medication abortions prescribed by telehealth to patients in other states.
Reporting and Patient Privacy
Every induced termination of pregnancy performed in Delaware must be reported to the Delaware Health Statistics Center within the Division of Public Health. The report is due within 30 days after the end of the month in which the procedure occurred. When the abortion takes place in a licensed facility, the facility’s designated representative files the report; otherwise the attending physician does.5Justia. Delaware Code Title 16 3133 – Reports of Induced Termination of Pregnancy
The reporting form cannot include any information that would identify the patient or the physician. The reports are used only for statistical analysis, are not folded into the permanent vital statistics system, and no published analysis may identify the reporting facility.5Justia. Delaware Code Title 16 3133 – Reports of Induced Termination of Pregnancy
How the Rules Are Enforced
Delaware’s former criminal abortion statute, Title 11, Section 651, classified non-therapeutic abortion as a class F felony. That statute was repealed effective September 17, 2021.6Delaware Code Online. Delaware Code Title 11 Chapter 5 Subchapter II
With Section 651 gone, enforcement of the remaining abortion regulations runs primarily through licensing and administrative channels. The Board of Medical Licensure and Discipline handles physician compliance, and the Department of Health and Social Services monitors facilities. A provider who violates the viability restrictions in Section 1790 or the parental notice requirements in Section 1783 faces potential disciplinary action, suspension, or revocation of license rather than felony prosecution. An unlicensed person performing an abortion can still be charged under other provisions of the criminal code that govern the unauthorized practice of medicine.