Abortion is a medical procedure that ends a pregnancy. The legality of abortion has been litigated in the U.S. Supreme Court and other courts since the 1973 case of Roe v. Wade.
In 2022, in the case titled Dobbs v. Jackson Women's Health, the Supreme Court reversed its decision in Roe v. Wade. The legality of abortion—including access to the procedure and any restrictions on it—is now determined on a state by state basis, with each state's abortion laws applying only within its borders.
In Delaware, abortion is legal. The state's laws protect the right to access abortion services, and these rights were reaffirmed after the 2022 Supreme Court decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade and allowed states to set their own abortion laws. Delaware has codified the right to abortion in state law, ensuring that the procedure remains accessible. The state permits abortions within certain gestational limits and under specific conditions, and it requires that the procedure be performed by a licensed physician. Delaware also has provisions for parental consent for minors seeking an abortion, with judicial bypass options available. It's important to note that while abortion is legal in Delaware, there may be other regulations and restrictions that apply, and these can change over time. Individuals seeking or providing abortion services in Delaware should stay informed about the current legal framework to ensure compliance with state law.