Delaware 153rd General Assembly (2025-2026) Status: In Committee Bipartisan · 6 R · 1 D cosponsors

SB 251 — ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO UNBORN CHILDREN.

Last action — Adopted in lieu of the original bill SB 251, and Assigned to Health & Social Services Committee in Senate

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced April 15, 2026. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 42% · moderate confidence

  • In Committee

    Current position in the legislative process.

  • 7 sponsors

    7 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (6 R · 1 D) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Like Senate Bill No. 251, this Act protects the life of the unborn child at a time when the potential for the child to survive outside the womb increases, especially with the advancement of medical procedures. Specifically, this Act repeals the current sections of the Delaware Code relating to termination of human pregnancy and enacts The Pain-Capable Unborn Child Protection Act. Senate Substitute No. 1 for Senate Bill No. 251 differs from Senate Bill No. 251 as follows: • The definitions section is moved to § 1790A of Title 24 and the legislative findings section is moved to § 1790 of Title 24. • Revises the definition of “nonviable” by clarifying that “nonviable” means the condition will result in the death of the unborn child upon birth or shortly thereafter and that “nonviable” does not include conditions with which the child may survive outside of the uterus with medical treatment. • The prevention of the mother’s death is the only exception to performing an abortion without determining the probably post-fertilization age of a fetus in a medical emergency or to performing an abortion of an unborn child capable of feeling pain. Under SB 251, there were also exceptions in both situations if the abortion is necessary to avert a serious health risk to the unborn child’s mother. • Makes corresponding changes to the definitions for Subchapter IX of Chapter 17 of Title 24. • Changes the due date for the first report required under § 1794A of Title 24 from June 30, 2026, to June 30, 2027. • Removes the severability provision because § 308 of Title 1 makes any provision in the Code severable, so that the invalidity of a provision does not affect provisions that can be given effect without the invalid provisions. This Act also makes corresponding changes to § 1702 of Title 24, technical corrections to SB 251, and technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

Action History

  1. Adopted in lieu of the original bill SB 251, and Assigned to Health & Social Services Committee in Senate

Sponsors

Sponsorship breakdown

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7 sponsors · 0 co-sponsors · 55 not signed on

Sponsors (7)

Co-sponsors (0)

None.

Not signed on (55)

55 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 251 do?
Like Senate Bill No. 251, this Act protects the life of the unborn child at a time when the potential for the child to survive outside the womb increases, especially with the advancement of medical procedures. Specifically, this Act repeals the current sections of the Delaware Code relating to termination of human pregnancy and enacts The Pain-Capable Unborn Child Protection Act. Senate Substitute No. 1 for Senate Bill No. 251 differs from Senate Bill No. 251 as follows: • The definitions section is moved to § 1790A of Title 24 and the legislative findings section is moved to § 1790 of Title 24. • Revises the definition of “nonviable” by clarifying that “nonviable” means the condition will result in the death of the unborn child upon birth or shortly thereafter and that “nonviable” does not include conditions with which the child may survive outside of the uterus with medical treatment. • The prevention of the mother’s death is the only exception to performing an abortion without determining the probably post-fertilization age of a fetus in a medical emergency or to performing an abortion of an unborn child capable of feeling pain. Under SB 251, there were also exceptions in both situations if the abortion is necessary to avert a serious health risk to the unborn child’s mother. • Makes corresponding changes to the definitions for Subchapter IX of Chapter 17 of Title 24. • Changes the due date for the first report required under § 1794A of Title 24 from June 30, 2026, to June 30, 2027. • Removes the severability provision because § 308 of Title 1 makes any provision in the Code severable, so that the invalidity of a provision does not affect provisions that can be given effect without the invalid provisions. This Act also makes corresponding changes to § 1702 of Title 24, technical corrections to SB 251, and technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Who sponsors SB 251?
SB 251 is sponsored by Bryan W. Shupe (Republican), Daniel B. Short (Republican), Laura V. Sturgeon (Democratic), Richard G. Collins (Republican), David L. Wilson (Republican), Timothy D. Dukes (Republican), and Bryant L. Richardson (Republican).
What is the current status of SB 251?
This bill is in committee in the Senate. Introduced April 15, 2026. It must pass committee before a floor vote.
Where can I track SB 251?
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