Delaware house advances bill requiring parental consent for minors seeking abortion

DOVER, DE — The Delaware House of Representatives has advanced a bill that would require minors under the age of 16 to obtain parental consent before undergoing an abortion, except in cases of medical emergency, abuse, or court-approved exceptions.

Key Points

The Delaware House advanced a bill requiring parental consent for minors under 16 seeking abortion.
Exceptions include medical emergencies, abuse, neglect, or a court-approved waiver.
If passed, the law would take effect 30 days after enactment.

House Substitute No. 1 for House Bill 46, sponsored by Rep. Bryan Shupe and Sen. Eric Buckson, aims to amend Title 24 of the Delaware Code, replacing the state’s previous parental notification requirement with a stricter consent mandate. The bill states that a physician must obtain written consent from at least one parent, legal guardian, grandparent, or licensed mental health professional before performing an abortion on a minor.

“A minor may petition the Family Court … for a waiver of the parental consent requirement,” the bill reads, allowing exceptions if the court determines the minor is mature enough to make the decision independently or if obtaining consent is not in the minor’s best interest due to abuse, neglect, or coercion.

The legislation establishes specific guidelines for seeking a waiver, including requiring minors to submit a notarized affidavit outlining their request. If a judge fails to rule on the petition within five days, the waiver is automatically granted. Additionally, the bill ensures minors can appeal a denied request to the Delaware Supreme Court with access to court-appointed legal counsel.

Supporters argue the bill strengthens parental rights and ensures young individuals receive necessary guidance when making medical decisions. Opponents, however, contend that it could create barriers for minors in vulnerable situations, particularly those facing abusive or unsupportive family environments.

If enacted, the bill will take effect 30 days after becoming law.

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