§ 1790. Limitation on termination of human pregnancy; annual report.
(a) No person shall terminate or attempt to terminate or assist in the termination or attempt at termination of a human pregnancy
otherwise than by birth, except that a physician licensed by this State may terminate a human pregnancy or aid or assist or
attempt a termination of a human pregnancy if such procedure takes place in a hospital accredited by a nationally recognized
medical or hospital accreditation authority, upon authorization by a hospital abortion review authority appointed by the hospital
if 1 or more of the following conditions exist:
(1) Continuation of the pregnancy is likely to result in the death of the mother;
(2) There is substantial risk of the birth of the child with grave and permanent physical deformity or mental retardation;
(3) The pregnancy resulted from:
a. Incest, or
b. A rape or unlawful sexual intercourse in the first or second degree committed as a result of force or bodily harm or threat
of force or bodily harm, and the Attorney General of this State has certified to the hospital abortion review authority in
writing over the Attorney General's signature that there is probable cause to believe that the alleged rape or unlawful sexual
intercourse in the first or second degree did occur, except that during the first 48 hours after the alleged rape or unlawful
sexual intercourse in the first or second degree no certification by the Attorney General shall be required;
(4) Continuation of the pregnancy would involve substantial risk of permanent injury to the physical or mental health of the
mother.
(b) In no event shall any physician terminate or attempt to terminate or assist in the termination or attempt at termination
of a human pregnancy otherwise than by birth unless:
(1) Not more than 20 weeks of gestation have passed (except in the case of a termination pursuant to subsection (a)(1) of
this section or where the fetus is dead); and
(2) Two physicians licensed by this State, 1 of whom may be the physician proposed to perform the abortion, certify to the
abortion review authority of the hospital where the procedure is to be performed that they are of the opinion, formed in good
faith, that 1 of the circumstances set forth in subsection (a) of this section exists (except that no such certification is
necessary for the circumstances set forth in subsection (a)(3)b. of this section); where the personal physician of an expectant
mother claims that she has a mental or emotional condition, a psychiatrist licensed by this State shall, in addition to the
personal physician, certify to the abortion review authority of the hospital where such procedure is to be performed that
the physician is of the opinion, formed in good faith, that 1 of the circumstances set forth in subsection (a) of this section
exists (except that no such certification is necessary for the circumstances set forth in subsection (a)(3)b. of this section);
and
(3) In the case of an unmarried female under the age of 18 or mentally ill or incompetent, there is filed with the hospital
abortion review authority the written consent of the parents or guardians as are then residing in the same household with
the consenting female, or, if such consenting female does not reside in the same household with either of her parents or guardians,
then with the written consent of 1 of her parents or guardians.
(c) The hospital abortion review authority of each hospital in which a procedure or procedures are performed pursuant to this
section shall, on or before the 1st day of March in each year, file with the Department of Health and Social Services a written
report of each such procedure performed pursuant to the authorization of such authority during the preceding calendar year
setting forth grounds for each such authorization but not including the names of patients aborted.
24 Del. C. 1953, § 1790; 57 Del. Laws, c. 145, § 2; 57 Del. Laws, c. 235, §§ 1, 2; 58 Del. Laws, c. 511, § 55; 66 Del. Laws, c. 269, § 16; 70 Del. Laws, c. 149, § 211; 70 Del. Laws, c. 186, § 1.;
§ 1791. Refusal to perform or submit to medical procedures.
(a) No person shall be required to perform or participate in medical procedures which result in the termination of pregnancy;
and the refusal of any person to perform or participate in these medical procedures shall not be a basis for civil liability
to any person, nor a basis for any disciplinary or other recriminatory action against the person.
(b) No hospital, hospital director or governing board shall be required to permit the termination of human pregnancies within
its institution, and the refusal to permit such procedures shall not be grounds for civil liability to any person, nor a basis
for any disciplinary or other recriminatory action against it by the State or any person.
(c) The refusal of any person to submit to an abortion or to give consent shall not be grounds for loss of any privileges
or immunities to which such person would otherwise be entitled, nor shall submission to an abortion or the granting of consent
be a condition precedent to the receipt of any public benefits.
24 Del. C. 1953, § 1791; 57 Del. Laws, c. 145, § 2; 70 Del. Laws, c. 186, § 1.;
§ 1792. Assistance or participation in an unlawful termination of human pregnancy.
No person shall, unless the termination of a human pregnancy has been authorized pursuant to § 1790 of this title:
(1) Sell or give, or cause to be sold or given, any drug, medicine, preparation, instrument or device for the purpose of causing,
inducing or obtaining a termination of such pregnancy; or
(2) Give advice, counsel or information for the purpose of causing, inducing or obtaining a termination of such pregnancy;
or
(3) Knowingly assist or cause by any means whatsoever the obtaining or performing of a termination of such pregnancy.
24 Del. C. 1953, § 1792; 57 Del. Laws, c. 145, § 2.;
§ 1793. Residency requirements; exceptions.
(a) No person shall be authorized to perform a termination of a human pregnancy within the State upon a female who has not
been a resident of this State for a period of at least 120 days next before the performance of an operative procedure for
the termination of a human pregnancy.
(b) This section shall not apply to such female who is gainfully employed in this State at the time of conception, or whose
spouse is gainfully employed in this State at the time of conception or to such female who has been a patient, prior to conception,
of a physician licensed by this State, or to such female who is attempting to secure the termination of her pregnancy for
the condition specified in § 1790(a)(1) of this title.
24 Del. C. 1953, § 1793; 57 Del. Laws, c. 145, § 3(A); 70 Del. Laws, c. 186, § 1.;
§ 1794. Consent prior to termination of human pregnancy.
(a) No abortion may be performed unless the woman submitting to the abortion first gives her written consent to the abortion
stating that she freely and voluntarily consents to the abortion and that she has received a full explanation of the abortion
procedure and effects, including, but not limited to, the following:
(1) The abortion procedure to be utilized.
(2) The probable effects of the abortion procedure on the woman, including the effects on her child-bearing ability and effects
on possible future pregnancies.
(3) The facts of fetal development as of the time the proposed abortion is to be performed.
(4) The risks attendant to the procedure.
(5) An explanation of the reasonable alternatives to abortion and of the reasonable alternative procedures or methods of abortion.
(b) No abortion may be performed on a woman within 24 hours after giving written consent pursuant to subsection (a) of this
section unless, in the opinion of her treating physician, an emergency situation presenting substantial danger to the life
of the woman exists.
In the event a woman's treating physician determines an abortion is necessary because an emergency situation presenting substantial
danger to the life of the woman existed and such woman is unable to give her consent to an abortion, an abortion may be performed
on such woman.
62 Del. Laws, c. 171, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1795. Live birth following abortion.
(a) In the event an abortion or an attempted abortion results in the live birth of a child, the person performing or inducing
such abortion or attempted abortion and all persons rendering medical care to the child after its birth must exercise that
degree of medical skill, care and diligence which would be rendered to a child who is born alive as the result of a natural
birth.
(b) Nothing found in this section shall be deemed to preclude prosecution under any other applicable section of the Delaware
Code for knowing or reckless conduct which is detrimental to the life or health of an infant born as a result of a procedure
designed to terminate pregnancy. Anyone who knowingly violates this section shall be guilty of a class A misdemeanor.
§ 1790. Limitation on termination of human pregnancy; annual report.
(a) No person shall terminate or attempt to terminate or assist in the termination or attempt at termination of a human pregnancy
otherwise than by birth, except that a physician licensed by this State may terminate a human pregnancy or aid or assist or
attempt a termination of a human pregnancy if such procedure takes place in a hospital accredited by a nationally recognized
medical or hospital accreditation authority, upon authorization by a hospital abortion review authority appointed by the hospital
if 1 or more of the following conditions exist:
(1) Continuation of the pregnancy is likely to result in the death of the mother;
(2) There is substantial risk of the birth of the child with grave and permanent physical deformity or mental retardation;
(3) The pregnancy resulted from:
a. Incest, or
b. A rape or unlawful sexual intercourse in the first or second degree committed as a result of force or bodily harm or threat
of force or bodily harm, and the Attorney General of this State has certified to the hospital abortion review authority in
writing over the Attorney General's signature that there is probable cause to believe that the alleged rape or unlawful sexual
intercourse in the first or second degree did occur, except that during the first 48 hours after the alleged rape or unlawful
sexual intercourse in the first or second degree no certification by the Attorney General shall be required;
(4) Continuation of the pregnancy would involve substantial risk of permanent injury to the physical or mental health of the
mother.
(b) In no event shall any physician terminate or attempt to terminate or assist in the termination or attempt at termination
of a human pregnancy otherwise than by birth unless:
(1) Not more than 20 weeks of gestation have passed (except in the case of a termination pursuant to subsection (a)(1) of
this section or where the fetus is dead); and
(2) Two physicians licensed by this State, 1 of whom may be the physician proposed to perform the abortion, certify to the
abortion review authority of the hospital where the procedure is to be performed that they are of the opinion, formed in good
faith, that 1 of the circumstances set forth in subsection (a) of this section exists (except that no such certification is
necessary for the circumstances set forth in subsection (a)(3)b. of this section); where the personal physician of an expectant
mother claims that she has a mental or emotional condition, a psychiatrist licensed by this State shall, in addition to the
personal physician, certify to the abortion review authority of the hospital where such procedure is to be performed that
the physician is of the opinion, formed in good faith, that 1 of the circumstances set forth in subsection (a) of this section
exists (except that no such certification is necessary for the circumstances set forth in subsection (a)(3)b. of this section);
and
(3) In the case of an unmarried female under the age of 18 or mentally ill or incompetent, there is filed with the hospital
abortion review authority the written consent of the parents or guardians as are then residing in the same household with
the consenting female, or, if such consenting female does not reside in the same household with either of her parents or guardians,
then with the written consent of 1 of her parents or guardians.
(c) The hospital abortion review authority of each hospital in which a procedure or procedures are performed pursuant to this
section shall, on or before the 1st day of March in each year, file with the Department of Health and Social Services a written
report of each such procedure performed pursuant to the authorization of such authority during the preceding calendar year
setting forth grounds for each such authorization but not including the names of patients aborted.
24 Del. C. 1953, § 1790; 57 Del. Laws, c. 145, § 2; 57 Del. Laws, c. 235, §§ 1, 2; 58 Del. Laws, c. 511, § 55; 66 Del. Laws, c. 269, § 16; 70 Del. Laws, c. 149, § 211; 70 Del. Laws, c. 186, § 1.;
§ 1791. Refusal to perform or submit to medical procedures.
(a) No person shall be required to perform or participate in medical procedures which result in the termination of pregnancy;
and the refusal of any person to perform or participate in these medical procedures shall not be a basis for civil liability
to any person, nor a basis for any disciplinary or other recriminatory action against the person.
(b) No hospital, hospital director or governing board shall be required to permit the termination of human pregnancies within
its institution, and the refusal to permit such procedures shall not be grounds for civil liability to any person, nor a basis
for any disciplinary or other recriminatory action against it by the State or any person.
(c) The refusal of any person to submit to an abortion or to give consent shall not be grounds for loss of any privileges
or immunities to which such person would otherwise be entitled, nor shall submission to an abortion or the granting of consent
be a condition precedent to the receipt of any public benefits.
24 Del. C. 1953, § 1791; 57 Del. Laws, c. 145, § 2; 70 Del. Laws, c. 186, § 1.;
§ 1792. Assistance or participation in an unlawful termination of human pregnancy.
No person shall, unless the termination of a human pregnancy has been authorized pursuant to § 1790 of this title:
(1) Sell or give, or cause to be sold or given, any drug, medicine, preparation, instrument or device for the purpose of causing,
inducing or obtaining a termination of such pregnancy; or
(2) Give advice, counsel or information for the purpose of causing, inducing or obtaining a termination of such pregnancy;
or
(3) Knowingly assist or cause by any means whatsoever the obtaining or performing of a termination of such pregnancy.
24 Del. C. 1953, § 1792; 57 Del. Laws, c. 145, § 2.;
§ 1793. Residency requirements; exceptions.
(a) No person shall be authorized to perform a termination of a human pregnancy within the State upon a female who has not
been a resident of this State for a period of at least 120 days next before the performance of an operative procedure for
the termination of a human pregnancy.
(b) This section shall not apply to such female who is gainfully employed in this State at the time of conception, or whose
spouse is gainfully employed in this State at the time of conception or to such female who has been a patient, prior to conception,
of a physician licensed by this State, or to such female who is attempting to secure the termination of her pregnancy for
the condition specified in § 1790(a)(1) of this title.
24 Del. C. 1953, § 1793; 57 Del. Laws, c. 145, § 3(A); 70 Del. Laws, c. 186, § 1.;
§ 1794. Consent prior to termination of human pregnancy.
(a) No abortion may be performed unless the woman submitting to the abortion first gives her written consent to the abortion
stating that she freely and voluntarily consents to the abortion and that she has received a full explanation of the abortion
procedure and effects, including, but not limited to, the following:
(1) The abortion procedure to be utilized.
(2) The probable effects of the abortion procedure on the woman, including the effects on her child-bearing ability and effects
on possible future pregnancies.
(3) The facts of fetal development as of the time the proposed abortion is to be performed.
(4) The risks attendant to the procedure.
(5) An explanation of the reasonable alternatives to abortion and of the reasonable alternative procedures or methods of abortion.
(b) No abortion may be performed on a woman within 24 hours after giving written consent pursuant to subsection (a) of this
section unless, in the opinion of her treating physician, an emergency situation presenting substantial danger to the life
of the woman exists.
In the event a woman's treating physician determines an abortion is necessary because an emergency situation presenting substantial
danger to the life of the woman existed and such woman is unable to give her consent to an abortion, an abortion may be performed
on such woman.
62 Del. Laws, c. 171, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1795. Live birth following abortion.
(a) In the event an abortion or an attempted abortion results in the live birth of a child, the person performing or inducing
such abortion or attempted abortion and all persons rendering medical care to the child after its birth must exercise that
degree of medical skill, care and diligence which would be rendered to a child who is born alive as the result of a natural
birth.
(b) Nothing found in this section shall be deemed to preclude prosecution under any other applicable section of the Delaware
Code for knowing or reckless conduct which is detrimental to the life or health of an infant born as a result of a procedure
designed to terminate pregnancy. Anyone who knowingly violates this section shall be guilty of a class A misdemeanor.
§ 1790. Limitation on termination of human pregnancy; annual report.
(a) No person shall terminate or attempt to terminate or assist in the termination or attempt at termination of a human pregnancy
otherwise than by birth, except that a physician licensed by this State may terminate a human pregnancy or aid or assist or
attempt a termination of a human pregnancy if such procedure takes place in a hospital accredited by a nationally recognized
medical or hospital accreditation authority, upon authorization by a hospital abortion review authority appointed by the hospital
if 1 or more of the following conditions exist:
(1) Continuation of the pregnancy is likely to result in the death of the mother;
(2) There is substantial risk of the birth of the child with grave and permanent physical deformity or mental retardation;
(3) The pregnancy resulted from:
a. Incest, or
b. A rape or unlawful sexual intercourse in the first or second degree committed as a result of force or bodily harm or threat
of force or bodily harm, and the Attorney General of this State has certified to the hospital abortion review authority in
writing over the Attorney General's signature that there is probable cause to believe that the alleged rape or unlawful sexual
intercourse in the first or second degree did occur, except that during the first 48 hours after the alleged rape or unlawful
sexual intercourse in the first or second degree no certification by the Attorney General shall be required;
(4) Continuation of the pregnancy would involve substantial risk of permanent injury to the physical or mental health of the
mother.
(b) In no event shall any physician terminate or attempt to terminate or assist in the termination or attempt at termination
of a human pregnancy otherwise than by birth unless:
(1) Not more than 20 weeks of gestation have passed (except in the case of a termination pursuant to subsection (a)(1) of
this section or where the fetus is dead); and
(2) Two physicians licensed by this State, 1 of whom may be the physician proposed to perform the abortion, certify to the
abortion review authority of the hospital where the procedure is to be performed that they are of the opinion, formed in good
faith, that 1 of the circumstances set forth in subsection (a) of this section exists (except that no such certification is
necessary for the circumstances set forth in subsection (a)(3)b. of this section); where the personal physician of an expectant
mother claims that she has a mental or emotional condition, a psychiatrist licensed by this State shall, in addition to the
personal physician, certify to the abortion review authority of the hospital where such procedure is to be performed that
the physician is of the opinion, formed in good faith, that 1 of the circumstances set forth in subsection (a) of this section
exists (except that no such certification is necessary for the circumstances set forth in subsection (a)(3)b. of this section);
and
(3) In the case of an unmarried female under the age of 18 or mentally ill or incompetent, there is filed with the hospital
abortion review authority the written consent of the parents or guardians as are then residing in the same household with
the consenting female, or, if such consenting female does not reside in the same household with either of her parents or guardians,
then with the written consent of 1 of her parents or guardians.
(c) The hospital abortion review authority of each hospital in which a procedure or procedures are performed pursuant to this
section shall, on or before the 1st day of March in each year, file with the Department of Health and Social Services a written
report of each such procedure performed pursuant to the authorization of such authority during the preceding calendar year
setting forth grounds for each such authorization but not including the names of patients aborted.
24 Del. C. 1953, § 1790; 57 Del. Laws, c. 145, § 2; 57 Del. Laws, c. 235, §§ 1, 2; 58 Del. Laws, c. 511, § 55; 66 Del. Laws, c. 269, § 16; 70 Del. Laws, c. 149, § 211; 70 Del. Laws, c. 186, § 1.;
§ 1791. Refusal to perform or submit to medical procedures.
(a) No person shall be required to perform or participate in medical procedures which result in the termination of pregnancy;
and the refusal of any person to perform or participate in these medical procedures shall not be a basis for civil liability
to any person, nor a basis for any disciplinary or other recriminatory action against the person.
(b) No hospital, hospital director or governing board shall be required to permit the termination of human pregnancies within
its institution, and the refusal to permit such procedures shall not be grounds for civil liability to any person, nor a basis
for any disciplinary or other recriminatory action against it by the State or any person.
(c) The refusal of any person to submit to an abortion or to give consent shall not be grounds for loss of any privileges
or immunities to which such person would otherwise be entitled, nor shall submission to an abortion or the granting of consent
be a condition precedent to the receipt of any public benefits.
24 Del. C. 1953, § 1791; 57 Del. Laws, c. 145, § 2; 70 Del. Laws, c. 186, § 1.;
§ 1792. Assistance or participation in an unlawful termination of human pregnancy.
No person shall, unless the termination of a human pregnancy has been authorized pursuant to § 1790 of this title:
(1) Sell or give, or cause to be sold or given, any drug, medicine, preparation, instrument or device for the purpose of causing,
inducing or obtaining a termination of such pregnancy; or
(2) Give advice, counsel or information for the purpose of causing, inducing or obtaining a termination of such pregnancy;
or
(3) Knowingly assist or cause by any means whatsoever the obtaining or performing of a termination of such pregnancy.
24 Del. C. 1953, § 1792; 57 Del. Laws, c. 145, § 2.;
§ 1793. Residency requirements; exceptions.
(a) No person shall be authorized to perform a termination of a human pregnancy within the State upon a female who has not
been a resident of this State for a period of at least 120 days next before the performance of an operative procedure for
the termination of a human pregnancy.
(b) This section shall not apply to such female who is gainfully employed in this State at the time of conception, or whose
spouse is gainfully employed in this State at the time of conception or to such female who has been a patient, prior to conception,
of a physician licensed by this State, or to such female who is attempting to secure the termination of her pregnancy for
the condition specified in § 1790(a)(1) of this title.
24 Del. C. 1953, § 1793; 57 Del. Laws, c. 145, § 3(A); 70 Del. Laws, c. 186, § 1.;
§ 1794. Consent prior to termination of human pregnancy.
(a) No abortion may be performed unless the woman submitting to the abortion first gives her written consent to the abortion
stating that she freely and voluntarily consents to the abortion and that she has received a full explanation of the abortion
procedure and effects, including, but not limited to, the following:
(1) The abortion procedure to be utilized.
(2) The probable effects of the abortion procedure on the woman, including the effects on her child-bearing ability and effects
on possible future pregnancies.
(3) The facts of fetal development as of the time the proposed abortion is to be performed.
(4) The risks attendant to the procedure.
(5) An explanation of the reasonable alternatives to abortion and of the reasonable alternative procedures or methods of abortion.
(b) No abortion may be performed on a woman within 24 hours after giving written consent pursuant to subsection (a) of this
section unless, in the opinion of her treating physician, an emergency situation presenting substantial danger to the life
of the woman exists.
In the event a woman's treating physician determines an abortion is necessary because an emergency situation presenting substantial
danger to the life of the woman existed and such woman is unable to give her consent to an abortion, an abortion may be performed
on such woman.
62 Del. Laws, c. 171, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1795. Live birth following abortion.
(a) In the event an abortion or an attempted abortion results in the live birth of a child, the person performing or inducing
such abortion or attempted abortion and all persons rendering medical care to the child after its birth must exercise that
degree of medical skill, care and diligence which would be rendered to a child who is born alive as the result of a natural
birth.
(b) Nothing found in this section shall be deemed to preclude prosecution under any other applicable section of the Delaware
Code for knowing or reckless conduct which is detrimental to the life or health of an infant born as a result of a procedure
designed to terminate pregnancy. Anyone who knowingly violates this section shall be guilty of a class A misdemeanor.
