Delaware would restrict abortions at five months or more after fertilization

People would be barred from providing or attempting an abortion once the fetus reaches the age limit, unless an exception applies. The restriction covers abortions when the fetus is estimated to be at least five months past fertilization. An abortion would be allowed if the fetus has a lethal condition and would die at or soon after birth despite treatment. An abortion would also be allowed if it is needed to prevent the pregnant woman’s death. A claim that she intends to cause her own death would not qualify. For an allowed abortion, the practitioner must use the method most likely to let the fetus survive unless that would pose a greater risk of the woman’s death. That risk cannot rest on a claim that she intends to cause her own death.

A practitioner would determine age since fertilization or rely on another practitioner’s estimate before providing or attempting an abortion. This applies to Delaware-licensed health care practitioners who provide or attempt abortions. An immediate abortion needed to prevent the woman’s death could proceed without an age estimate. A claim that she intends to cause her own death would not count as that emergency. To estimate age, the practitioner must ask the patient questions and arrange any exams or tests a careful practitioner would consider necessary.

Practitioners would report abortions and attempts to Delaware’s health department, which would publish yearly statistics. The reporting duty covers health care practitioners who provide or attempt abortions. Individual reports could not identify patients. The department must keep them confidential and could release them only under a court order. Public statistics must be prepared so patients cannot reasonably be identified. Practitioners must report at least once each year by December 31. The first public statistics are due June 30, 2027, for the previous calendar year.

A person who intentionally or recklessly provides or attempts an abortion that breaks these rules would commit a felony. The felony rule covers anyone who intentionally or recklessly performs, induces, or attempts an abortion in violation of these rules. Licensed practitioners who intentionally or recklessly provide a prohibited abortion could face professional discipline, including loss of their licenses. No penalty could be imposed on the patient who receives an abortion or is the subject of an attempt.

A woman could seek damages from a person who intentionally or recklessly performed, induced, or attempted her prohibited abortion. The woman could sue over a completed or attempted prohibited abortion. The fetus’s father could sue the person who intentionally or recklessly performed or induced a completed prohibited abortion. A court could not award damages if the plaintiff’s own criminal conduct caused the pregnancy.