1. What are the late-term abortion laws in Delaware?
In Delaware, late-term abortions are only allowed in cases where the woman’s life or physical health is at risk. There is no gestational limit in Delaware as long as the abortion is considered necessary by the attending physician. The Delaware State Legislature has not passed any laws restricting late-term abortions.
2. Is there a gestational limit on abortions in Delaware?
Yes, abortions in Delaware are legal until 24 weeks of gestation. After 24 weeks, abortions are only allowed for medical emergencies that put the woman’s life at risk, or when the fetus is not likely to survive birth.
3. Is there a ban on late-term abortions in Delaware?
Yes, Delaware has a ban on late-term abortions after 20 weeks of pregnancy. The law does not make exceptions for instances of rape, incest, or fetal abnormalities.
4. Who can authorize a late-term abortion procedure in Delaware?
In Delaware, late-term abortion procedures can only be authorized by licensed physicians determined to be “medically necessary” or “therapeutically indicated.”
5. How does Delaware define a “late-term abortion”?
Delaware does not define “late-term abortion” specifically in state law. Under Delaware law, abortion is generally available up to 20 weeks post-fertilization, except under certain specified exceptions.
6. Are there any exceptions to late-term abortion bans in Delaware?
Yes. Delaware’s late-term abortion ban states that abortions are prohibited after 20 weeks gestation except in cases of medical emergency, when the mother’s life is in danger, or when the fetus is diagnosed with a fatal abnormality.
7. Are there any parental notification laws for minors seeking abortions in Delaware?
Yes, Delaware has parental notification laws for minors seeking abortions. According to Delaware state law, a minor is required to obtain the written consent of a parent or guardian prior to undergoing an abortion. If this is not possible, the minor can apply for a waiver from the Superior Court for consent.
8. What are the informed consent requirements for abortions in Delaware?
In Delaware, informed consent for abortions must be obtained from the patient in writing and before the abortion is performed. The consent must include a statement that the patient has been informed of the following: (1) the nature of the proposed procedure, (2) the risks and alternatives to the procedure, (3) the probable gestational age of the fetus, and (4) the medical risks associated with carrying a pregnancy to term. The patient must also be informed that medical assistance benefits are available for prenatal care, childbirth, and neonatal care and that information on public and private agencies providing prenatal care, childbirth, and neonatal care will be provided upon request.
9. Does Delaware require waiting periods for abortions?
Yes, Delaware requires a 24 hour waiting period for abortions.
10. Are there any laws requiring ultrasounds before abortions in Delaware?
No, there are currently no laws requiring ultrasounds before abortions in Delaware.
11. Does Delaware have any bans on sex-selective abortions?
Yes. Delaware has a ban on sex-selective abortions. The ban prohibits any abortion that is performed solely on the basis of the sex of the unborn child.
12. Are there restrictions on public funding of abortions in Delaware?
Yes. According to Delaware’s Department of Health and Social Services, public funding for abortions is only available to individuals who meet certain criteria, such as being an expectant mother whose life is endangered, or an individual who receives Medicaid benefits.
13. Does Delaware have any laws regulating the sale of abortifacients (drugs that induce abortion)?
No, Delaware does not have any laws regulating the sale of abortifacients.
14. Does Delaware require counselling before an abortion procedure?
No, Delaware does not require counseling before an abortion procedure.
15. Are there any regulations on the disposal of fetal remains after an abortion procedure in Delaware?
Yes. According to the Delaware Code, “Fetal remains must be disposed of in a manner which provides for the dignity and respect due a human body and must be disposed of in accordance with the requirements of state and federal law.” Additionally, fetal remains must not be sold or used for research or experimentation.
16. Does Delaware recognize any conscientious objection rights for health care providers who object to performing abortions?
Yes, Delaware recognizes conscientious objection rights for health care providers who object to performing abortions. The Delaware Code states that no health care provider shall be required to participate in any way in the performance of a medically unnecessary procedure, including abortion, that conflicts with their ethical, moral, or religious beliefs. This code also states that any health care provider with an objection to the performance of an abortion must direct the patient who is seeking the abortion to another appropriate health care provider.
Additionally, the Delaware Code also states that a health care provider’s refusal to participate in or provide any service due to religious or moral beliefs shall not be grounds for civil liability or discrimination. Health care providers in Delaware are protected from discrimination and civil liability if they decline to provide services related to abortion on the basis of their moral or religious beliefs.
17. Does Delaware have any laws protecting healthcare providers from being discriminated against for participating in abortion procedures?
Yes, Delaware has laws in place that prohibit healthcare providers and institutions from being discriminated against for participating in abortion procedures. Under Delaware law, it is illegal to discriminate against any healthcare provider or institution based on their involvement or participation in providing abortion services. Delaware law also explicitly states that a healthcare provider or institution cannot be denied access to public benefits because of their involvement in providing abortion services.
18. Are there any laws concerning the transportation of minors across state lines to obtain abortions in Delaware?
Yes, there are laws concerning the transportation of minors across state lines to obtain abortions in Delaware. Delaware law requires the consent of both parents or the guardian of a minor to be obtained prior to the minor obtaining an abortion. The parents or guardian also must be present in the state at the time the abortion is performed. If a minor is not able to obtain parental or guardian consent, they may seek judicial bypass. In addition, Delaware law also requires parental consent or judicial bypass for a minor to travel outside of the state in order to obtain an abortion.
19. Are there restrictions on the use of telemedicine for abortion services in Delaware?
Yes, telemedicine for abortion services in Delaware is restricted to medication abortion only. Additionally, the patient must have had an ultrasound to determine gestational age prior to the visit. The physician must also be licensed in Delaware and have a valid DEA number.
20. Does Delaware have any laws criminalizing the performance of self-induced abortions or assisting others with self-induced abortions?
Yes. Delaware criminalizes the performance of self-induced abortions and assisting others with self-induced abortions. Delaware’s criminal code states that it is a felony for any person to perform or attempt to perform an abortion on another person, unless it is done in accordance with the laws of the state. Additionally, it is also a felony to aid, counsel, or procure another person in performing or attempting to perform an abortion in violation of Delaware law.