Know Your Rights
This guide seeks to educate Delawareans and those seeking abortion care in Delaware about their rights and provide resources.
Last updated: 11/21/25
Abortion Care in Delaware
In June 2022, the U.S. Supreme Court issued its ruling in Dobbs v. Jackson Women’s Health Organization, which overturned nearly five decades of precedent protecting a person’s right to obtain an abortion. The Court’s ruling has reverberated across the nation, leaving many people unsure of what their rights are in their state.
Legality
Is abortion legal in Delaware?
Yes. 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 U.S. Supreme Court’s decision does not change Delaware law protecting abortion rights.
Do you have to be a resident of Delaware to receive abortion care in Delaware?
No. Residents from other states may obtain an abortion in Delaware.
I live in a state that has banned abortion. Can I be criminalized or sued for getting 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. However, 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.
- Additionally, the law allows individuals to file a civil lawsuit in Delaware state court to recoup legal fees they incurred because of another state’s attempt to penalize them criminally or civilly.
Medical
Who may perform abortions in Delaware?
Physicians and advanced practice clinicians (APC) such as nurse practitioners and physician assistants may provide medication and procedural abortion care.
Can I get an abortion if I am under 18?
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.
Is abortion safe?
Yes. Both medication and procedural abortions are extremely safe procedures, with very low rates of complications, according to leading organizations like the National Academies of Sciences, Engineering and Medicine
Finances
How much does an abortion cost in Delaware?
Generally, abortions cost between $500-$791, but the cost may vary by provider and gestation.
Is there financial assistance available?
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.
I’m on Medicaid. Does it cover my abortion care?
As of January 1, 2025, Medicaid covers the cost of abortion up to $750 per person annually.
Does my private insurance cover abortion care?
Plans effective on or after January 1, 2026 will cover abortion and related services up to $750 annually per person. To learn more or find out if an insurance plan effective before January 1, 2026, covers abortion care, contact your insurance provider and ask for your policy information.
AG Jennings’ Abortion Legal Helpline
Call (302) 992-8096 or toll-free at (877) 312-2366
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.