§ 1780. Short title.
§ 1780. Short title. This subchapter shall be known and may be cited as the “Parental Notice of Abortion Act.” 70 Del. Laws, c. 238, § 1;
§ 1781. Legislative purpose and findings.
§ 1781. Legislative purpose and findings. (a) The General Assembly of the State finds as fact that: (1) Immature minors often lack the ability to make fully informed choices that take into account both immediate and long-range consequences; (2) The physical, emotional, and psychological consequences of teen pregnancy are serious and can be lasting, particularly […]
§ 1782. Definitions.
§ 1782. Definitions. For purposes of this subchapter, the following definitions will apply. (1) “Abortion” means the use of any instrument, medicine, drug or any other substance or device to terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve […]
§ 1783. Notice required.
§ 1783. Notice required. No physician or other medically authorized person shall perform an abortion upon an unemancipated minor until complying with the following notification provisions: (1) No physician or other medically authorized person shall perform an abortion upon an unemancipated minor unless the physician, medically authorized person, or an agent of the physician or […]
§ 1784. Application for waiver of parental notice requirement; grounds; timeliness of decision; notice of decision; appeals; costs.
§ 1784. Application for waiver of parental notice requirement; grounds; timeliness of decision; notice of decision; appeals; costs. (a) The Court shall consider waiving the notice requirement of § 1783 of this title upon the proper application of a minor. The application shall be in writing, signed by the minor, and verified by her oath […]
§ 1785. Short form of affidavit and application for waiver of parental notice requirement.
§ 1785. Short form of affidavit and application for waiver of parental notice requirement. The following shall be sufficient form of affidavit and application for waiver of parental notice requirement under this subchapter: IN THE FAMILY COURT OF THE STATE OF DELAWARE IN AND FOR (NAME OF COUNTY) COUNTY IN THE MATTER ) AFFIDAVIT AND […]
§ 1786. Coercion prohibited.
§ 1786. Coercion prohibited. No parent, guardian, or other person shall coerce a minor to undergo an abortion or to continue a pregnancy. Any minor who is threatened with such coercion may apply to a court of competent jurisdiction for relief. The court shall provide the minor with counsel, give the matter expedited consideration, and […]
§ 1787. Medical emergency exception.
§ 1787. Medical emergency exception. The requirements of § 1783, § 1784 and § 1786 of this title shall not apply when, in the best medical judgment of the physician or other medically authorized person, based on the facts of the case, a medical emergency exists that so complicates the pregnancy as to require an […]
§ 1788. Counseling to affected persons.
§ 1788. Counseling to affected persons. The Division of Prevention and Behavioral Health Services, Department of Services for Children, Youth and Their Families, shall offer counseling and support to any minor who is pregnant and is considering filing or has filed an application under this subchapter, if the minor requests such services. Notwithstanding any contrary […]
§ 1789. Penalty and criminal jurisdiction.
§ 1789. Penalty and criminal jurisdiction. (a) Any person who intentionally performs an abortion with knowledge that, or with reckless disregard as to whether, the person upon whom the abortion has been performed is an unemancipated minor, and who intentionally or knowingly fails to conform to any requirement of this subchapter, shall be guilty of […]
§ 1789A. Notice and avoidance of liability.
§ 1789A. Notice and avoidance of liability. In any prosecution pursuant to § 1789 of this title, the State shall prove beyond a reasonable doubt that the physician (or other medically authorized person) who performed the abortion did not have a good faith belief on that physician’s part that actual notice was given by such […]
§ 1789B. Civil damages available.
§ 1789B. Civil damages available. Failure to give notice pursuant to the requirements of this subchapter is prima facie evidence of interference with family relations in appropriate civil actions. The law of this State shall not be construed to preclude the award of punitive damages in any civil action relevant to violations of this subchapter. […]