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Delaware
Legal Status at a Glance
Abortion is LEGAL UNTIL FETAL VIABILITY in Delaware, generally defined as approximately 24–24 weeks of pregnancy. After viability, abortion may be permitted to protect the life or health of the pregnant person.
Gestational Limit & Procedures
The gestational limit in Delaware is 24 weeks of pregnancy (measured from the last menstrual period, unless otherwise specified). Procedures must be initiated before this limit is reached.
Legal Exceptions to Any Restrictions
After viability, abortion is permitted when necessary to preserve the life or health of the pregnant person.
Medication Abortion Access
Medication abortion (mifepristone + misoprostol) is available in Delaware through licensed pharmacies under a prescription, in addition to clinic-based dispensing. Telehealth abortion services are available within the state's gestational limits.
Recent Legal Changes
Delaware enacted shield law protections in 2023 for providers who assist out-of-state patients.
Official State Source
For the most current abortion laws in Delaware, consult the official source at https://dhss.delaware.gov/dhss/dph/hsp/aborthome.html. Given the rapid pace of legal changes, always verify current law with your healthcare provider or a licensed attorney before making decisions.
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Moving to Delaware from elsewhere
This information is for educational and informational purposes only and is not legal or medical advice. Abortion laws are rapidly changing due to court decisions and legislation. Always verify current laws with your healthcare provider or a licensed attorney. Laws and enforcement may differ from what is written in statute.