DelawareDelaware could protect pregnancy decisions after two legislative approvals
If two-thirds of each chamber approve it in this General Assembly and the next, Delaware’s Constitution would protect people’s decisions about pregnancy care.
What it does
If two-thirds of each chamber approve it in this General Assembly and the next, Delaware’s Constitution would protect people’s decisions about pregnancy care, including birth control, childbirth, and abortion.
If two-thirds of each chamber approve it in this General Assembly and the next, Delaware could regulate abortion after a fetus can survive outside the womb. It could not ban care that the attending health care professional treating the pregnant person judges in good faith is medically needed to protect their life, physical health, or mental health.
Argument forIf approved in both required rounds, the protection could help people make pregnancy care decisions without state rules blocking them.
Argument againstIf approved in both required rounds, the broad protection could make it harder for Delaware lawmakers to set limits on pregnancy-related care.
More detail
Delaware’s Constitution would protect each person’s right to make and carry out decisions about their pregnancy. The right covers pregnancy-related decisions, including birth control, childbirth, abortion, and infertility care. Two-thirds of the elected members of each chamber must approve the same changes in both legislative rounds. The next General Assembly must pass the same changes after the next general election.
Delaware could regulate abortion care after a fetus can survive outside the womb. The proposed rule concerns abortion care after fetal viability, when a fetus can survive outside the womb. Delaware could never ban an abortion that the attending health care professional treating the pregnant person judges in good faith is medically needed to protect their life, physical health, or mental health. Two-thirds of the elected members of each chamber must approve the same changes in both legislative rounds. The next General Assembly must pass the same changes after the next general election.
Where do you stand?
Choose your position
Tell your reps
Take a position to see your representatives and ways to contact them.
Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- May 6Reported Out of Committee (Administration) in House with 3 On Its MeritsLatest
- 2025
- Mar 12Assigned to Administration Committee in HouseMinor
- Mar 11Passed By Senate. Votes: 15 YES 6 NOPassed Senate
- Vote recorded Passage. Result: pass.Upper
- Mar 11Amendment SA 2 to SS 1 - Defeated By Senate. Votes: 7 YES 14 NOMinor
- Mar 11Amendment SA 1 to SS 1 - Defeated By Senate. Votes: 6 YES 15 NOMinor
- Mar 11Amendment SA 2 to SS 1 - Introduced and Placed With BillMinor
- Mar 11Amendment SA 1 to SS 1 - Introduced and Placed With BillMinor
- Mar 11Reported Out of Committee (Health & Social Services) in Senate with 5 Favorable, 1 On Its MeritsMinor
- Mar 6Adopted in lieu of the original bill SB 5, and Assigned to Health & Social Services Committee in SenateIntroduced
Reproductive RightsHealthcare