Republicans’ effort to require parental consent for abortions performed on those aged 16 and under fails to make headway in the Delaware legislature.
While the First State has been codifying numerous reproductive health protections in recent years, State Rep. Bryan Shupe (R-Milford) introduced legislation to make abortion requirements for minors more stringent.
His bill would make it illegal for a medical professional to perform an abortion on someone under the age of 16 without first having obtained parental consent with few outlined exceptions, including medical emergencies, cases of abuse or neglect or the discretion of 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 the 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 and Human Development Committee.
Democratic lawmakers who opposed the bill pointed out Delaware law already requires physicians to give 24-hour notice to the legal guardian of a minor before performing an abortion and argued this change would only delay care.
Opponents also noted the American Academy of Pediatrics and the American Medical Association oppose these types of bills.
"If [parental consent] was a best practice, all of these medical associations would be supporting these types of bills, and they do not," State Rep. Melanie Ross Levin (D-Brandywine) said.
State Rep. Kendra Johnson (D-Bear) says on top of the legislation failing to receive support within the professional medical community, she believes it doesn’t take into account unique family dynamics.
“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," Rep. Johnson said.
But State Rep. Michael Smith (R-Pike Creek) — who has been supportive of some protective reproductive health measures in the past — argues this bill simply closes a loophole and provides the necessary exceptions for children with dysfunctional households.
"I definitely understand what [Rep. Shupe] is trying to do in terms of keeping the cohesiveness in the home. I also know, because of trauma from my childhood, that sometimes you can't trust adults, as we're seeing in the news today, but that's where those protections are already in place," Rep. Smith said.
The bill ultimately failed to receive any Democratic support and will not be moving to the full House for consideration.
Rep. Shupe’s bill comes amid efforts from Democratic lawmakers to add abortion protections into the state constitution. That measure cleared the State Senate and awaits a committee hearing in the House.
