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Delaware Abortion Laws
Explanation of Chart and More Information on Abortion Laws
| Code Section | Tit. 11 §654, Tit. 24 §1766; Tit. 24 §§1780-1795 |
| Statutory Definition of Illegal Abortion | By drugs or act done with intent to cause termination of pregnancy |
| Statutory Definition of Legal Abortion | Continuation of pregnancy would result in death or injury to mother; mental and/or physical retardation of child or pregnancy result of rape or incest or unlawful sexual intercourse, but must be performed within first 20 weeks |
| Penalty for Unlawful Abortion | Felony; maximum fine of $5,000 and imprisonment 2 to 10 years |
| Consent Requirements | 24 hour waiting period following written consent and full explanation of procedure; if unmarried and under 18 or mentally ill or incompetent, consent of parent |
| Residency Requirements for Patients | 120 days before procedure unless employed in state or patient of state-licensed M.D. prior to conception or medical emergency |
| Physician Licensing Requirements | Licensed M.D., national accredited hospital; approval of hospital abortion review board |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
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