Every individual should have the right to determine for themselves if, when, and how they would like to become a parent, without government interference.

Reproductive freedom is a fundamental human right, and that includes access to abortion, one of the most common and safe medical procedures performed today. But since 2011, states have enacted more abortion restrictions than they did in the previous 10 years combined. Extremist politicians across the country have shut down clinics, enacted oppressive gestational limits, and even banned abortion outright. With the U.S. Supreme Court overturning the landmark Roe v. Wade and Planned Parenthood v. Casey decisions, it’s more important than ever for Delaware to ensure that we remain a safe haven for access to care – for Delawareans and for those who are forced to leave their state to receive the care they need.

ACLU of Delaware is committed to ensuring that Delaware’s laws and policies make reproductive freedom a reality for everyone – no matter where they live or how much is in their bank account. Through litigation, advocacy, and public education, we strive to ensure that every patient in need is able to receive the full range of reproductive healthcare. We stand ready to remove barriers and expand abortion rights, block efforts to strip pregnant people of their bodily autonomy and ensure that individuals have agency in their own reproductive decisions.

*Data from the Guttmacher Institute and the U.S. Center for Disease Control.

Legislative Priorities

A.Legislative Priorities

A.

2025 Priority

During the 2025 legislative session, we are advocating for the Delaware General Assembly to pass legislation to: 

  1. Create a Reproductive Care Equity Fund so that providers and practical support organizations can ensure access to reproductive health care. 

Ongoing Priorities

Expand Access​​​​​​

The Supreme Court has overturned Roe v. Wade, which means that half of the states in our country are poised to ban or severely restrict abortion care. States with protected access to abortion are likely to experience an influx of patients who are traveling from other states to access abortion care. As a state that has protected abortion rights, Delaware may experience a surge in patient volume. One way that Delaware can expand abortion access and prepare for an influx of patients is to grow the number of qualified medical professionals who are legally allowed to provide abortions. In 2022, Delaware expanded this list by allowing advanced practice clinicians (APCs) to provide both medication and procedural abortion care. 

Another area in need of expansion is youth rights. Currently, Delaware mandates parental notification if a patient is under 16 years of age. In many cases, parental notification can be detrimental to a patient’s safety or wellbeing. State law allows for young people to obtain a judicial bypass if telling their parents or guardians may be difficult, but the process is difficult to navigate and rarely used. Removing the parental notification requirement will ensure that all pregnant people, regardless of their age, have autonomy over their own bodies.

Fund Care

The cost of abortion places financial hurdles in front of patient care. Those who can afford to pay or have insurance that covers abortions can receive care, while those who can’t afford the cost either can’t receive it or are forced to find other avenues.

On June 25, the Delaware General Assembly passed House Substitute 2 for House Bill 110 (HS 2 for HB 110), legislation that ensures that people on Medicaid, private, and state insurance plans can access abortion care without financial burden. The bill, sponsored by House Majority Leader, Representative Melissa Minor-Brown, now heads to the Governor’s desk to be signed into law. HS 2 for HB 110 was signed into law on September 9, 2024, making Delaware one of seventeen other states, including neighboring states of Maryland and New Jersey, to allow Medicaid funding for abortion care.

Delaware should also require that all private insurance covers abortion and does not add out-of-pocket expenses. Even people with health insurance may not be able to shoulder the additional cost of a medical procedure, meaning they may have to shift critical funds for rent, food, childcare, transportation, or other medical expenses.

Address Racial Disparities

Systemic racism touches many aspects of our lives, and reproductive healthcare access is no exception. With Black maternal mortality rates reaching 2-3 times the rates of white maternal mortality, and with barriers to abortion access falling disproportionately in communities of color, Delaware must uncover and mitigate the root causes of these disparities.

Recent legislation in Delaware would address issues such as implicit bias in the healthcare industry, allow people who receive government assistance to continue to receive it in the months after childbirth and ban the use of shackles for incarcerated pregnant people. In addition, more progress is needed to expand the use of paid family leave in Delaware, infuse more funding into data-driven healthcare interventions for infant and maternal mortality, and expand access to substance abuse disorder treatment for pregnant people or those who have recently given birth.

Know Your Rights

A.Know Your Rights

A.

Information

When you know what the law says, you can better protect yourself and your community. Our Know Your Rights work will help you learn more about what your rights are, how to exercise them, and what to do when your rights are violated. 

View KYR pages

Resources

You can work alongside us and your fellow Delawareans to make sure our civil liberties are protected. Please use this form to request materials for your community outreach work if you reside or work in Delaware

Request KYR materials

Trainings

Interested in hosting a Know Your Rights training? Our Know Your Rights trainings provide valuable information to help you understand and protect your rights when it comes to abortion care, trans and gender diverse youth, and more.

Request a training

Abortion Care in Delaware

A.Abortion Care in Delaware

A.

Know Your Rights

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.

This guide seeks to educate Delawareans and those seeking abortion care in Delaware about their rights and provide resources. 

Abortion Care in Delaware

First State Abortion Fund

The First State Abortion Fund is a local, volunteer-powered program rooted in a reproductive justice framework, with the mission of breaking down financial barriers and increasing abortion access. Our fund provides financial assistance for the procedure itself and also offers practical support to help individuals get to their appointment with as minimal stress as possible.

Practical support looks like:

  • Gas assistance
  • Physical ride assistance
  • Meal support for traveling patients
  • Offsetting the cost of childcare

Learn more

TAKE ACTION

A.TAKE ACTION

A.

Urge Gov. Meyer to Protect Delawareans' Civil Liberties

Governor Meyer has already demonstrated strong leadership when it comes to pushing back against policies that endanger immigrants, LGBTQ+ people, those seeking reproductive healthcare, and students.  

We need you to send a message to Governor Meyer thanking him for his commitments thus far and urging him to immediately issue an Executive Order refusing to cooperate with any action by the federal government’s that could deny Delawareans their constitutional rights.  

Send a Message

Protect Life-Saving Healthcare for Trans People

Lawmakers across the country are launching sweeping attacks on transgender people, particularly youth, stripping away their rights and dignity.

Delaware must act now to protect access to this critical care. Sign the petition now to urge Delaware lawmakers to pass legislation to shield providers from out-of-state actions and penalties to ensure trans people can access the healthcare they need without fear or barriers. 

Sign Petition