Delaware lawmakers consider adding abortion rights to state constitution

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This story was supported by a statehouse coverage grant from the Corporation for Public Broadcasting.

A Delaware Senate committee considered legislation Monday that would add the right to reproductive freedom, including abortion, to the state’s constitution.

Senate Bill 5, sponsored by Majority Leader Bryan Townsend, provides a right to certain medical services related to pregnancy, including “prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care.” It gives the state the authority to regulate abortion after fetal viability, which is generally considered around 24 weeks, but not to prohibit it if a healthcare provider believes it is medically necessary.

“This legislation seeks to put in the constitution the rights and framework that already exists under Delaware code with regard to abortion care,” Townsend said. “To reaffirm our commitment to these freedoms and liberties.”

Delaware codified abortion up until viability in 2017. In 2022, the U.S. Supreme Court removed federal protections to abortion access and left it up to the states to regulate.

Delaware expanded access to abortion last year. State law now requires Medicaid, private health insurance and state employee insurance plans to cover services related to termination of pregnancy. Colleges and universities with student health centers are also required to allow access to medication abortion and emergency contraception.