DOVER, Del. - A group of Republican lawmakers in Delaware has introduced legislation that would significantly change the state’s abortion laws by banning most procedures after roughly five months of pregnancy.
The proposal, Senate Substitute No. 1 for Senate Bill 251, would create what lawmakers call the “Pain-Capable Unborn Child Protection Act,” replacing current sections of Delaware law related to abortion.
Currently, abortions are permitted up to viability, which is determined by a medical professional.
The new legislation centers on a new restriction that would prohibit abortions once a fetus reaches five months post-fertilization, a point lawmakers say is when an unborn child can feel pain. Supporters point to what the legislation describes as “substantial medical evidence” that fetuses can experience pain at that stage of development.
Under new proposal, abortions after that point would only be allowed in limited circumstances, including if the fetus is considered nonviable or if the procedure is necessary to prevent the mother’s death. The bill does not include broader exceptions for the health of the mother, which are part of current Delaware law.
The legislation would also add new requirements for healthcare providers. Doctors would be required to determine the probable age of the fetus before performing an abortion, except in emergency situations, and submit detailed reports to the state about abortion procedures, including timing and method. The Delaware Department of Health and Social Services would then compile and release annual reports beginning in 2027, though those reports would not include any identifying patient information.
Providers who violate the law could face a Class D felony charge, along with potential disciplinary action such as the loss of their medical license. The bill also opens the door for certain civil lawsuits against providers who perform abortions in violation of the law. Patients themselves would not face criminal penalties.
If passed, the measure would shift Delaware’s current abortion framework away from a viability standard and instead base restrictions on a five-month “pain-capable” threshold. The proposal comes as states continue to revisit abortion policies following the U.S. Supreme Court’s 2022 decision to overturn Roe V. Wade and returning regulatory authority to individual states.
The bill is now under consideration in the Delaware General Assembly. On Wednesday, April 15, it was assigned to the Senate’s Health & Social Services Committee.