Bill Sponsor
Delaware Senate Bill 251
Session 153
Act To Amend Title 24 Of The Delaware Code Relating To Unborn Children.
Introduced
Introduced
Introduced in Senate on Apr 15, 2026
First Action
Apr 15, 2026
Latest Action
Apr 15, 2026
Origin Chamber
Senate
Type
Bill
Bill Number
251
State
Delaware
Session
153
Sponsorship by Party
Republican
Primary
Republican
Primary
Republican
Primary
Democrat
Primary
Republican
Primary
Republican
Primary
Senate Votes (0)
Senate votes are unavailable for this bill.
Summary
Like Senate Bill No. 251, this Act protects the life of the unborn child at a time when the potential for the child to survive outside the womb increases, especially with the advancement of medical procedures. Specifically, this Act repeals the current sections of the Delaware Code relating to termination of human pregnancy and enacts The Pain-Capable Unborn Child Protection Act. Senate Substitute No. 1 for Senate Bill No. 251 differs from Senate Bill No. 251 as follows: • The definitions section is moved to § 1790A of Title 24 and the legislative findings section is moved to § 1790 of Title 24. • Revises the definition of “nonviable” by clarifying that “nonviable” means the condition will result in the death of the unborn child upon birth or shortly thereafter and that “nonviable” does not include conditions with which the child may survive outside of the uterus with medical treatment. • The prevention of the mother’s death is the only exception to performing an abortion without determining the probably post-fertilization age of a fetus in a medical emergency or to performing an abortion of an unborn child capable of feeling pain. Under SB 251, there were also exceptions in both situations if the abortion is necessary to avert a serious health risk to the unborn child’s mother. • Makes corresponding changes to the definitions for Subchapter IX of Chapter 17 of Title 24. • Changes the due date for the first report required under § 1794A of Title 24 from June 30, 2026, to June 30, 2027. • Removes the severability provision because § 308 of Title 1 makes any provision in the Code severable, so that the invalidity of a provision does not affect provisions that can be given effect without the invalid provisions. This Act also makes corresponding changes to § 1702 of Title 24, technical corrections to SB 251, and technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Actions (1)
04/15/2026
Senate
Adopted in lieu of the original bill SB 251, and Assigned to Health & Social Services Committee in Senate
Sources
Record Created
Mar 5, 2026 8:27:49 PM
Record Updated
Jun 1, 2026 3:45:27 AM