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 of the medically authorized person has given at least 24 hours actual notice
to one or both parents (either custodial or noncustodial), a grandparent, a licensed mental health professional (who shall not be an
employee or under contract to an abortion provider except employees or contractors of an acute care hospital) or to the legal guardian of
the pregnant minor of the intention to perform the abortion, or unless the physician, medically authorized person, or an agent of the
physician or of the medically authorized person has received a written statement or oral communication from another physician or
medically authorized person, hereinafter called the "referring physician or medically authorized person," certifying that the referring
physician or medically authorized person has given such notice. If the person contacted pursuant to this subsection is not the parent or
guardian, the person so contacted must explain to the minor the options available to her include adoption, abortion and full-term
pregnancy, and must agree that it is in the best interest of the minor that a waiver of the parental notice requirement be granted. Any
licensed mental health professional so contacted shall certify that the professional has performed an assessment of the specific factors
and circumstances of the minor subject to the evaluation including but not limited to the age and family circumstances of the minor and
the long-term and short-term consequences to the minor of termination or continuation of the pregnancy.
a. No physician or other abortion provider shall charge a referral fee to a person authorized under this section to receive notice; nor
shall a person authorized under this section to receive notice charge a referral fee to a physician or other abortion provider.
b. Nothing in this section shall affect the obligations of a person pursuant to other provisions of this Code to report instances of
child abuse to the appropriate government agencies.
(2) A minor may petition the Family Court ("Court") of any county of this State for a waiver of the notice requirement of this section
pursuant to the procedures of § 1784 of this title. A physician who has received a copy of a court order granting a waiver application
under § 1784 of this title shall not, at any time, give notice of the minor's abortion to any person without the minor's written permission.‹ Prev All Delaware sections Next ›
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