In June 2022, the U.S. Supreme Court issued its ruling in Dobbs v. Jackson Women’s Health Organization, which overturned nearly five decades of precedent protecting a person’s right to obtain an abortion. The Court’s ruling has reverberated across the nation, leaving many people unsure of what their rights are in their state.
This guide seeks to educate Delawareans and those seeking abortion care in Delaware about their rights and provide resources.
Yes. In 2017, the Delaware legislature passed a law protecting people’s right to access an abortion until viability, which is determined by a medical professional.
Abortions may be performed at or after viability if the patient’s health or life is at risk or if there is a lethal fetal anomaly. The U.S. Supreme Court’s decision does not change Delaware law protecting abortion rights.
Physicians and advanced practice clinicians (APC) such as nurse practitioners and physician assistants may provide medication and procedural abortion care.
Generally, abortions cost between $500-$791, but the cost may vary by provider and gestation.
Yes. Planned Parenthood of Delaware will not turn patients away if they are unable to pay.
The First State Abortion Fund (FSAF) was created to provide financial assistance for patients having abortions in Delaware. FSAF will also provide practical support for those seeking abortions, such as lodging, transportation, and childcare.
In most cases, no. Medicaid only covers the cost of an abortion in instances of rape, incest, or if the life of the pregnant person is in danger.
Delaware officials could opt to cover abortion care under Medicaid, as 16 states have already done, but they have not done so yet.
Delaware does not require private insurers to cover abortion care, but many provide coverage. To find out if your insurance covers abortion care, contact your insurance provider and ask for your policy information.
No. Residents from other states may obtain an abortion in Delaware.
People residing in other states should consult their local laws to determine if there are criminal or civil penalties imposed on those who obtain abortions.
However, Delaware has taken actions to provide some protections to patients, providers, and those who aid people in obtaining an abortion.
Delaware recently passed a state law that says it will:
Yes. Delaware law requires that a person younger than 16 must notify their parent or guardian 24 hours in advance of their abortion. Parents do not need to consent to the abortion. Minors can seek a judicial bypass in limited circumstances, such as an abusive parent, where they notify a judge rather than the parent or guardian.
16 and 17 year old patients are not required to notify their parent or guardian about their abortion.
Yes. Both medication and procedural abortions are extremely safe procedures, with very low rates of complications. In 2018, the National Academies of Sciences, Engineering and Medicine found that abortions in the United States were very safe and complications were “rare.”
