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Bill

HB 46

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PARENTAL CONSENT FOR MINORS SEEKING AN ABORTION.

153rd General Assembly (2025-2026) Introduced by Rich Collins and 7 co-sponsors

Delaware HB 46 would require parental consent (not just notification) for minors seeking abortion, raising legal barriers to reproductive access for those under 18 years old.

Motion to Release Failed
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Bill Summary · HB 46

Legislative bill overview

HB 46 would amend Delaware Code Title 24 to require parental consent (rather than just notification) for minors seeking abortion services. The bill was introduced in March 2025 and assigned to the House Health & Human Development Committee, though a motion to release it from committee failed on March 26, 2025.

Why is this important

This legislation directly affects reproductive access for minors in Delaware by raising the legal threshold for obtaining an abortion without parental involvement. The outcome could significantly impact healthcare decision-making authority between minors, parents, and medical providers, with ripple effects on how Delaware compares to surrounding states' abortion regulations.

Potential points of contention

  • Judicial bypass procedures: Whether minors denied parental consent can petition courts (a common alternative) and how accessible/burdensome that process would be
  • Parental notification vs. consent distinction: Current Delaware law requires notification; this bill escalates to requiring affirmative consent, removing minor autonomy even when parents are informed
  • Health emergency exceptions: Whether medical circumstances (such as risks to the minor's health) would override parental consent requirements
  • Privacy and safety concerns: Advocates raise concerns about minors in abusive households being forced to involve parents; opponents cite parental rights and family communication
  • Intersectionality with state's current law: How this interacts with Delaware's existing abortion regulations post-Dobbs decision

Compiled from official sources — confirm details with the bill’s official record.

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