Delaware Abortion Laws

Code Section
Tit. 11 §654, Tit. 24 §1766; Tit. 24 §§1780-1795

Statutory Definition of Illegal Abortion
The use of any instrument, medicine, drug or any other substance or device to terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.

Statutory Definition of Legal Abortion
Continuation of pregnancy would result in death or injury to mother; mental and/or physical retardation of child or pregnancy result of rape or incest or unlawful sexual intercourse, but must be performed within first 20 weeks

Penalty
Felony; maximum fine of $5,000 and imprisonment 2 to 10 years

Consent
24 hour waiting period following written consent and full explanation of procedure; if unmarried and under 18 or mentally ill or incompetent, consent of parent

Residency
120 days before procedure unless employed in state or patient of state-licensed M.D. prior to conception or medical emergency

License
Licensed M.D., national accredited hospital; approval of hospital abortion review board


Inside Delaware Abortion Laws