Why Should Delaware Care?
Delaware is one of 21 states that have protected the right to abortion and currently the law allows for minors to get an abortion with the requirement that they notify their guardian. But a new bill could change that and instead force minors to obtain parental consent.
A bill that would require parental consent for those under the age of 16 seeking an abortion, will be discussed today by state officials.
House Bill 46, sponsored by Rep. Bryan Shupe, would change Delaware law that currently says that minors under 16 only have to notify their parents of the procedure a day before undergoing an abortion.
Shupe said he’s proposed the bill to create more family involvement in such “life-changing” decisions, as he’s talked to many families who are concerned with the current law.
“There are risks associated with an abortion, and there needs to be parental involvement so they know what is going on with the child and they can address it appropriately,” Shupe said.
The bill makes an exception for cases of medical emergencies, if it is decided in Family Court that the child is mature enough to make the decision or if the court decides parental consent is not in the best interest of the minor due to abuse, neglect or coercion.
Shupe stressed that his new bill will not change the current protections against abuse and neglect for minors. But those opposed to the bill said it could increase harm and delay access to care for those who need timely abortion care.
Representatives of Planned Parenthood Delaware, the primary abortion provider in the state, made it clear that they are against the bill and any legislation that calls for mandatory parental involvement.
“Instead of making it harder for young people to access health care, we should be focusing on ensuring they have the support, care, and privacy they need to make decisions about their future,” wrote Nena Rapposelli, public affairs manager of Planned Parenthood Delaware.
The bill will be reviewed by the House Health & Human Development Committee, where stakeholders will discuss the proposal before it is decided whether it will move to the full House chamber for a final vote. The committee hearing begins at 11:30 a.m.
Abortion also could join Constitution
In 2017, Delaware passed a law protecting individuals’ right to an abortion up until the point of fetal viability or when the fetus can live outside the womb. According to the American College of Obstetricians and Gynecologists, viability usually happens between the 20th and 25th week of pregnancy.
An abortion can only take place after viability if a medical professional deems the patient’s health or life to be at risk, or if there is a fatal defect in the fetus.
The topic of reproductive health has been popular in Dover this year, as Senate Majority Leader Bryan Townsend proposed a bill in January to amend the Delaware Constitution to secure individuals’ fundamental right to reproductive freedom as it relates to an individual’s pregnancy and abortions.
Townsend’s bill was approved by the Senate earlier this month in a 15-6 vote and is now waiting to be heard by the House Administration Committee.
Shupe said it was not his intention to be in opposition to Townsend’s bill but that there are discussions that need to be had before that amendment is made law.
“I think there are really serious discussions that many residents in Delaware want to have, including consent for minors, including abortion in the third trimester, that they want to bring to the table and not have that discussion be automatically over once there’s a constitutional amendment in Delaware,” Shupe said.
It’s unclear whether Townsend’s amendment would conflict with Rep. Shupe’s parental consent bill.
The Senate Majority Leader did not respond to requests for comments.
Get Involved
The House Health & Human Development Committee will meet at 11:30 a.m., today in Dover at 411 Legislative Avenue. They will review Rep. Shupe’s bill, among others, and the public will be allowed to comment. To see the agenda and more details, click here.
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