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HB46 • 2025

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PARENTAL CONSENT FOR MINORS SEEKING AN ABORTION.

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PARENTAL CONSENT FOR MINORS SEEKING AN ABORTION.

Abortion Children Healthcare Parental Rights
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Last action
2025-03-18
Official status
Substituted in House by HS 1 for HB 46
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Parental Consent for Minors Seeking Abortion

This law requires minors under age 16 to get their parents' permission before having an abortion, unless there is a medical emergency or the court says they can make this decision on their own.

What This Bill Does

  • Requires minors under 16 years old to have their parent's agreement for an abortion.
  • Allows exceptions if getting parental consent would harm the minor, like in cases of abuse, neglect, or coercion.
  • Permits a Family Court judge to decide if a minor is mature enough and well-informed to make this decision without parents' permission.

Who It Names or Affects

  • Minors under age 16 who want an abortion
  • Parents and guardians of minors seeking abortions

Terms To Know

Family Court
A court that deals with family-related issues, including cases involving minors.
Medical emergency
A situation where immediate medical care is needed to prevent serious harm or death.

Limits and Unknowns

  • The bill does not specify what happens if a minor cannot get parental consent for reasons other than abuse, neglect, or coercion.
  • It's unclear how the Family Court will determine if a minor is mature and well-informed enough to make this decision independently.

Bill History

  1. 2025-03-18 Delaware General Assembly

    Substituted in House by HS 1 for HB 46

  2. 2025-03-11 Delaware General Assembly

    Introduced and Assigned to Health & Human Development Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PARENTAL CONSENT FOR MINORS SEEKING AN ABORTION.
This Act requires minors under the age of 16 obtain parental consent before undergoing an abortion, except in cases of medical emergency or if the Family Court adjudicates that the minor is mature and well-informed enough to make the decision independently, or obtaining parental consent is not in the best interest of the minor, such as in cases of abuse, neglect, or coercion.