Analysis: Minors under that age of 16 will be required to obtain parental consent for abortions, rather than just the current 24hr notification in DelCode.

Summary: This bill represents a significant step toward protecting the sanctity of life and affirming the God-given responsibility of parents to guide and care for their children. HB 46 would ensure that minors under the age of 16 do not make life-altering decisions in isolation or under coercion.

Currently, minors under 16 are only required to provide parental notification within 24 hours, which may be bypassed. Minors 16 and older require no parental involvement at all.

The ability for judicial bypass that remains in HB 46 takes into account the US Supreme Court case, Bellotti v. Baird (1979) that required there be a waiver to consent requirements if there are extenuating circumstances. Such circumstances are maintained in HB 46 and are for abuse, neglect, or coercion. The Court must also respond within 5 calendar days, as listed in the previous law.

HB 46 also prohibits any sort of referral fees and requires that those who provide consent or assess the minor’s situation are independent from abortion providers. This ensures decisions are made with the minor’s best interest in mind and not influenced by financial incentives.

Laws regarding abortion for minors have consistently moved towards removal parental authority and allowing the undeveloped minor to make decisions for themselves, regardless of their inability to cognitively process the depth of such decisions. HB 46 would effectively turn in the opposite direction, protecting young girls from lifelong decisions without the support of their families.

This substituted version removes additional references to the former notice requirement and clarify that a legal guardian may grant the consent required by this Act.