Bill > HB46

This bill amends Delaware's existing law regarding abortion for minors under 16 by replacing the previous parental "notice" requirement with a mandatory parental "consent" requirement. The bill mandates that no physician can perform an abortion on a minor under 16 without first obtaining written consent from a parent or legal guardian at least 24 hours before the procedure. The written consent form must include specific details such as the minor's name, the consenting parent or guardian's name and signature, the physician's name and signature, and a statement indicating voluntary understanding of the procedure. In cases where parental consent cannot be obtained due to potential abuse, neglect, or coercion, a minor may petition the Family Court for a waiver. The Family Court can grant a waiver if it finds by clear and convincing evidence that the minor is mature and well-informed enough to make the decision independently, or that obtaining parental consent would not be in the minor's best interest. The bill provides a detailed process for seeking such a waiver, including expedited appeal options, and ensures that all court proceedings remain confidential. The law will take effect 30 days after its enactment, and it aims to protect minors by involving parents or guardians in significant medical decisions while also providing safeguards for minors in potentially harmful family situations.

Health and Social Services

https://legis.delaware.gov/BillDetail?LegislationId=141907