Delaware Department of Justice
Attorney General
Kathy Jennings

Reproductive Rights: Abortion is Legal in Delaware

AG Jennings’ Abortion Legal Helpline

Attorney General Kathy Jennings, together with 11 Delaware law firms and nonprofits — including the American Civil Liberties Union of Delaware, Planned Parenthood of Delaware, the First State Abortion Fund, Delaware NOW (National Organization for Women), Black Mothers in Power, the Southern Delaware Alliance for Racial Justice, and Women’s March Sussex — has launched an Abortion Legal Helpline to help Delawareans and people visiting Delaware with legal information and resources about accessing abortion.

The AG’s Abortion Legal Helpline provides “know your rights” information around abortion access, legal information, and referrals to Delawareans seeking abortions, patients seeking to travel to Delaware to obtain an abortion, people and organizations providing support to these patients, and Delaware healthcare providers.

In addition, the Helpline will develop legal resources for patients, providers, and supporters; provide guidance on organizational policies to support access to reproductive healthcare; research and advise on organizational policies in order to support access to reproductive healthcare; and participate in litigation and other efforts to protect and improve access to reproductive healthcare.


Abortion Helpline

Call (302) 992-8096 or toll-free at (877) 312-2366. You will be asked to leave a message with your phone number and an attorney will call you back. You do not need to leave your name, and you can provide specific callback instructions.


To reach the Helpline, call (302) 992-8096 or (877) 312-2366 at any time. You can also submit your question anonymously below:

The Helpline is intended to provide “know your rights” information around abortion access, legal information, referrals for those seeking an abortion in Delaware, people and organizations providing material support to these patients (such as money, transportation, or lodging), and Delaware health care providers.

No. You only need to leave a phone number where we can reach you.

You can leave special instructions on the message. For example, you can ask that an attorney call you back between certain hours only or that they do not leave a message.


Know Your Rights

Abortion is legal in Delaware. In 2017, the Delaware legislature passed a law protecting people’s right to access an abortion until viability, which is determined by a medical professional.

Abortions may be performed at or after viability if the patient’s health or life is at risk or if there is a lethal fetal anomaly. The Supreme Court of the United States’ decision does not change Delaware law protecting abortion rights.


Physicians and advanced practice clinicians (APC) such as nurse practitioners, certified nurse midwives, and physician assistants may provide medication and procedural abortion care.

Generally, abortions cost between $490-$791, but the cost may vary by provider and gestation.

Yes. Planned Parenthood of Delaware will not turn patients away if they are unable to pay.

The First State Abortion Fund (FSAF) was created to provide financial assistance for patients having abortions in Delaware. FSAF will also provide practical support for those seeking abortions, such as lodging, transportation, and childcare.

In most cases, no.  Delaware Medicaid has opted to provide coverage of abortion only in accordance with federal Hyde Amendment restrictions.  This restricts coverage to instances of rape, incest, or if the life of the pregnant person is in danger.  Medicaid coverage is very difficult to obtain.

Delaware does not require private insurers to cover abortion care, but many provide coverage. To find out if your insurance covers abortion care, contact your insurance provider and ask for your policy information.

No. Residents of other states may obtain an abortion in Delaware.

People residing in other states should consult their local laws to determine if there are criminal or civil penalties imposed on those who obtain abortions.

Delaware has taken actions to provide some protections to patients, providers, and those who aid people in obtaining an abortion. Delaware recently passed a state law that says it will:

  • Not cooperate with investigations initiated by other states seeking to criminalize patients, providers, and supporters.
  • Not honor subpoenas for medical records of patients who have obtained an abortion.
  • Not extradite people who have a warrant for their arrest for obtaining or providing an abortion.
  • Allow individuals to file a civil lawsuit in Delaware state court to recoup legal fees they incur because of another state’s attempt to penalize them criminally or civilly.

Yes. Delaware law requires that a person younger than 16 must notify their parent or guardian 24 hours in advance of their abortion. Parents do not need to consent to the abortion. Minors can seek a judicial bypass in limited circumstances, such as an abusive parent, where they notify a judge rather than the parent or guardian.

16 and 17 year old patients are not required to notify their parent or guardian about their abortion.


Additional Abortion Resources

The AG’s Abortion Legal Helpline has collected the following materials, which address common questions but should not be relied upon as legal advice from the Department of Justice or the Helpline. While the DOJ endeavors to keep these materials up to date, please review the dates on these materials to ensure they are current.


Find an abortion provider:

  • provides information on abortion providers along with information about abortion and different types of procedures.
  • provides information on abortion providers.
  • provides information on how to access at-home abortion pill options online.
  • ReproLegalHelpline provides legal advice, information, and referrals for people under 18 in any state who cannot involve a parent and need to get a judge’s order to get an abortion. In New York, minors do not need to involve a parent or get a judge’s order to get an abortion.

Abortion is legal in Delaware and abortion rights have been codified under Delaware law since 2017. Recently, Delaware’s General Assembly passed additional legislation expanding abortion access for Delawareans and visitors to our state.

The links below will take you to the full text of each bill.

  • Senate Bill 5 (2017): Codifies the Supreme Court’s ruling in Roe v. Wade (1973), permitting state-level termination of pregnancy prior to viability, to protect the life or health of the mother, or in the event of serious fetal anomaly.
  • House Bill 31 (2021): Repeals certain provisions in Title 11 relating to abortion including provisions which treat abortion differently than other medical procedures, and provisions which criminalize women and the sale of medical devices and medicine
  • House Bill 320 (2022): Expands authority to prescribe abortion medication to nurse practitioners, physicians’ assistants, and advance practice registered nurses
  • House Bill 455 (2022): Provides protection for providers of abortions and out of state residents seeking or receiving pregnancy termination in Delaware by limiting extradition; protecting private medical records; shielding patients from civil actions in another state; providing a cause of action to recover damages if sued in another state; protecting professional licensees; prohibiting insurers from increasing premiums or taking adverse actions against providers performing abortion; and expanding providers able to perform abortion to physicians’ assistants, certified nurse practitioners, and approved midwives.

Please note the state of the law is changing very quickly. Please review the date updated to make sure information is current.

Abortion is legal in Delaware. However, we recognize that patients, providers, and supporters may face legal consequences in other states for pregnancy outcomes, including abortion, miscarriages, and stillbirths.

  • National Advocates for Pregnant Women (NAPW) “I Need Help” Page: provides legal advice, assistance, and referrals for people facing state action related to pregnancy or pregnancy outcomes. This includes: an investigation or charges for pregnancy and drug use, an abortion, or a pregnancy loss; a forced medical intervention during birth; and a postpartum “child welfare” case.
  • ReproLegalHelpline provides confidential legal advice, legal information, and referrals to lawyers for people considering self-managed abortion (which means ending one’s own pregnancy without a medical provider, including with abortion pills) or facing legal consequences for self-managing an abortion in any state.
  • Find answers to frequently asked questions about self-managed abortion.
  • Repro Legal Defense Fund covers bail and funds litigation costs for people who are investigated, arrested, or prosecuted for self-managed abortion in any state.
  • National Advocates for Pregnant Women (NAPW) Resources List: A list of referrals and resources for pregnant people who have concerns related to employment, child welfare, drugs and substance use, healthcare, access to services in jails and prisons, homelessness, or a range of other issues.
  • National Advocates for Pregnant Women (NAPW): Confronting Pregnancy Criminalization: A Practical Guide for Healthcare Providers, Lawyers, Medical Examiners, Child Welfare Workers, and Policymakers

Find answers to frequently asked questions about self-managed abortion care.