Abortion Laws in Delaware
Last Updated: February 3, 2025
Mandatory Counseling and Waiting Period
In Delaware, individuals seeking an abortion must provide written consent after receiving a comprehensive explanation of the procedure and its effects. This includes details about the method to be used.
Unlike some states, Delaware does not impose a mandatory waiting period between counseling and the abortion procedure.
Parental Consent Requirement for Minors
If you are under 16, Delaware law requires parental notification before an abortion can be performed.
If involving a parent or guardian is not an option, you may seek a judicial bypass, which allows a judge to waive the parental notification requirement. For assistance with this process, contact the If/When/How Repro Legal Helpline at 844-868-2812 or submit a request online.
Gestational Limits
Abortion in Delaware is legal up to the point of fetal viability, generally considered to be around 24 to 26 weeks of pregnancy. After this point, abortions are permitted only if:
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The procedure is necessary to save the pregnant person's life.
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Continuing the pregnancy would pose a serious risk to the pregnant person's physical health.
Out-of-State Options
If you are beyond the point of fetal viability and do not qualify for an exception, you may need to travel to another state for an abortion. Be aware that:
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Some states have mandatory waiting periods, requiring multiple appointments.
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If you are under 18, some states also require parental consent or offer judicial bypass options.
To find an out-of-state provider, use an abortion provider search tool and contact them promptly to schedule an appointment. If you need assistance with scheduling or other abortion-related support, contact the National Abortion Federation (NAF) Hotline at 1-800-772-9100.