HB 46 — AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PARENTAL CONSENT FOR MINORS SEEKING AN ABORTION.

Summary

Like House Bill 46, this Act ensures that no physician or medically authorized person shall perform an abortion upon a child under the age of 16 without having obtained parental consent, except in cases of medical emergency or if the Family Court adjudicates that the minor is mature and well-informed enough to make the decision independently, or obtaining parental consent is not in the best interest of the minor, such as in cases of abuse, neglect, or coercion. This Act differs from House Bill 46 by removing additional references to the former notice requirement in Chapter 17, Subchapter VIII, of Title 24, and by clarifying that a legal guardian may grant the consent required by this Act.

Bill Text

• Bill Text View text Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill amends existing parental consent and notice requirements for minors seeking an abortion in Delaware.

• § 1783

  until complying with the following notification provisions for obtaining written parental consent: → unless the physician, medically authorized person, or an agent of the physician or of the medically authorized person has received a written statement or oral communication from another physician or medically authorized person, hereinafter called the “referring physician or medically authorized person,” certifying that the referring physician or medically authorized person has given such notice.

  Allows a minor's abortion to proceed if a referring physician confirms notice has been given.

• § 1783

  grandparent,alicensedmentalhealthprofessional(whoshallnotbeanemployee → grandparent, a licensed mental health professional (who shall not be an employee

  Corrects formatting and spacing for clarity.

• § 1783

  obtaining parental consent is not possible or is deemed inappropriate due to relevant proof of abuse or neglect, a A minor may petition → obtaining parental consent is not possible or is deemed inappropriate due to relevant proof of abuse or neglect, a minor may petition

  Removes a repetition for grammatical accuracy.

• § 1784

  of the notice parental consent requirement of § 1783 of this title upon the proper application of a minor. → of the parental consent requirement of § 1783 of this title upon the proper application of a minor.

  Clarifies the language regarding the waiver application process.

• § 1784

  upon the proper application of a minor. → of the parental consent requirement of § 1783 of this title upon the proper application of a minor.

  Clarifies that the waiver pertains specifically to the parental consent requirement.

• § 1784

  that notification the parental consent requirement pursuant to § 1783 of this title be waived. → that the parental consent requirement pursuant to § 1783 of this title be waived.

  Simplifies the language regarding the waiver request.

• § 1784

  the particular facts and circumstances which indicate that the minor is mature and well-informed enough to make the abortion decision on her own and/or that it is in the best interest of the minor that notification → the particular facts and circumstances which indicate that the minor is mature and well-informed enough to make the abortion decision on her own and/or that it is in the best interest of the minor that the parental consent requirement be waived.

  Clarifies that the waiver pertains specifically to the parental consent requirement.

• § 1784

  by clear and convincing evidence, that: → that:

  Removes redundant phrasing regarding the evidence standard.

• § 1784

  assessment of the specific factors and circumstances of the minor subject to the evaluation including but not limited to the age and family circumstances of the minor and the long-term and short-term consequences to the minor of termination or continuation of the pregnancy. → assessment of the specific factors and circumstances of the minor subject to the evaluation including but not limited to the age and family circumstances of the minor.

  Removes reference to the long-term and short-term consequences to simplify the assessment requirement.

• § 1784

  of instances of child abuse to the appropriate government agencies. → of child abuse to the appropriate government agencies.

  Simplifies the language regarding reporting obligations.

Action History

1. March 26, 2025

   Motion to Release Failed

2. March 19, 2025

   Not Worked in Committee

3. March 18, 2025

   Adopted in lieu of the original bill HB 46, and Assigned to Health & Human Development Committee in House

Sponsors

• Stell Parker Selby · Primary
• Bryant L. Richardson · Primary
• Dave G. Lawson · Primary
• Laura V. Sturgeon · Primary
• Lyndon D. Yearick · Primary
• Richard G. Collins · Primary
• Franklin D. Cooke · Primary
• Bryan W. Shupe · Primary

Subjects