Healthcare (Women's Health)

Like Senate Bill No. 251, this Act protects the life of the unborn child at a time when the potential for the child to survive outside the womb increases, especially with the advancement of medical procedures. Specifically, this Act repeals the current sections of the Delaware Code relating to termination of human pregnancy and enacts The Pain-Capable Unborn Child Protection Act. Senate Substitute No. 1 for Senate Bill No. 251 differs from Senate Bill No. 251 as follows: • The definitions section is moved to § 1790A of Title 24 and the legislative findings section is moved to § 1790 of Title 24. • Revises the definition of “nonviable” by clarifying that “nonviable” means the condition will result in the death of the unborn child upon birth or shortly thereafter and that “nonviable” does not include conditions with which the child may survive outside of the uterus with medical treatment. • The prevention of the mother’s death is the only exception to performing an abortion without determining the probably post-fertilization age of a fetus in a medical emergency or to performing an abortion of an unborn child capable of feeling pain. Under SB 251, there were also exceptions in both situations if the abortion is necessary to avert a serious health risk to the unborn child’s mother. • Makes corresponding changes to the definitions for Subchapter IX of Chapter 17 of Title 24. • Changes the due date for the first report required under § 1794A of Title 24 from June 30, 2026, to June 30, 2027. • Removes the severability provision because § 308 of Title 1 makes any provision in the Code severable, so that the invalidity of a provision does not affect provisions that can be given effect without the invalid provisions. This Act also makes corresponding changes to § 1702 of Title 24, technical corrections to SB 251, and technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act requires a health-care practitioner to offer a patient ultrasound imaging and auscultation of fetal heart tone services before terminating a human pregnancy. The patient is free to choose not to view the ultrasound or listen to the auscultation of fetal heart tone. This Act is known as "The Woman's Right to Know Act.”

Like House Bill 46, this Act ensures that no physician or medically authorized person shall perform an abortion upon a child under the age of 16 without having obtained parental consent, 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. This Act differs from House Bill 46 by removing additional references to the former notice requirement in Chapter 17, Subchapter VIII, of Title 24, and by clarifying that a legal guardian may grant the consent required by this Act.