Bill Requiring Parental Consent for Minors Seeking Abortion Fails to Move Forward

Over the past several years, Delaware has taken steps to codify and expand reproductive health protections, but Rep. Shupe's bill sought to add a more restrictive measure for minors. His proposed legislation would have made it illegal for medical professionals to perform an abortion on a patient under the age of 16 without first obtaining parental consent, with specific exceptions for medical emergencies, cases of abuse or neglect, or when approved by the Family Court.

“The fundamental purpose of this bill is to ensure that a major life decision, such as an abortion, is made within the family unit with the guidance and support of parents or legal guardians, rather than solely between a minor and an organization that performs the procedure,” Rep. Shupe said during the bill’s hearing in the House Health and Human Development Committee.

Opposition from Democratic Lawmakers and Medical Professionals

Democratic lawmakers argued that Delaware law already requires physicians to provide 24-hour notice to a minor's legal guardian before performing an abortion, and they raised concerns that the bill would unnecessarily delay access to care. Several opponents also pointed to guidance from major medical organizations, including the American Academy of Pediatrics and the American Medical Association, both of which oppose parental consent laws for abortion services.

“If [parental consent] was a best practice, all of these medical associations would be supporting these types of bills, and they do not,” said State Rep. Melanie Ross Levin.

Rep. Kendra Johnson also highlighted the challenges posed by varying family situations, noting that not all minors have safe or supportive home environments.

“No one takes it lightly, regardless of your age, the thought that you have to terminate a pregnancy. And for us to provide additional stress on young people when we don't know their background — how dare us," Johnson said.

Divided Perspectives Within the Legislature

While the bill failed to attract Democratic support, Rep. Michael Smith expressed cautious backing, noting the bill’s attempt to address both family cohesion and household dysfunction through its exceptions.

“I definitely understand what [Rep. Shupe] is trying to do in terms of keeping the cohesiveness in the home,” Smith said. “I also know, because of trauma from my childhood, that sometimes you can't trust adults... but that's where those protections are already in place.”

Despite these efforts, the bill did not advance out of committee and will not be considered by the full House.

Broader Legislative Context

Rep. Shupe’s proposal comes at a time when Democratic legislators are working to enshrine abortion protections in the Delaware Constitution. That measure has already cleared the State Senate and is awaiting a committee hearing in the House.

The debate reflects an ongoing divide in Delaware politics — one that balances reproductive freedom, parental rights, and the role of government in sensitive medical decisions involving minors.

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