A dismemberment abortion—also known as a dilation and evacuation (D&E) abortion—is an abortion in which a person dismembers and extracts the unborn child from the uterus through the use of clamps, grasping forceps, tongs, scissors, or a similar instrument. Some states have passed dismemberment abortion bans. These laws are usually located in a state’s statutes.
Laws vary from state to state and under some state laws the term dismemberment abortion does not include an abortion that uses suction to dismember the body of an unborn child by sucking pieces of the unborn child into a collection container. The term includes a dismemberment abortion that is used to cause the death of an unborn child and in which suction is subsequently used to extract pieces of the unborn child after the unborn child's death.
As of the knowledge cutoff date in 2023, Delaware does not have a specific ban on dismemberment abortions, also known as dilation and evacuation (D&E) abortions. This procedure is one of the methods that may be used for second-trimester abortions. Delaware law permits abortions within certain parameters. According to Delaware Code Title 24, Chapter 17, abortions are legal in Delaware before viability of the fetus, or at any time if necessary to protect the life or health of the woman. Viability is determined by a physician's reasonable medical judgment. Delaware does not have additional restrictions such as waiting periods or mandated parental involvement for minors seeking abortions, which are common in other states. It is important to note that abortion laws are subject to change, and legal challenges at both the state and federal levels could alter the current legal landscape.