§ 1781 — Legislative purpose and findings

(a) The General Assembly of the State finds as fact that:

(1) Immature minors often lack the ability to make fully informed choices that take into account both immediate and long-range consequences;

(2) The physical, emotional, and psychological consequences of teen pregnancy are serious and can be lasting, particularly when the patient is immature;

(3) The capacity to become pregnant and the capacity for mature judgment concerning how to choose among the alternatives for managing that pregnancy are not necessarily related;

(4) Parents ordinarily possess information essential to enable a physician to exercise the physician’s best medical judgment concerning the child;

(5) Parents who are aware that their minor daughter has had an abortion can ensure that she receives adequate medical attention after the abortion;

(6) Parental consultation is usually desirable and in the best interest of their minor children and parents ordinarily act in the best interest of their minor children; and

(7) Parental involvement legislation enacted in other states has been shown to have significant impact in reducing abortion, birth and pregnancy rates among minors.

(b) It is the intent of the General Assembly of the State in enacting this parental notice provision to further the important and compelling State interests of:

(1) Protecting minors against their own immaturity;

(2) Fostering the family structure and preserving it as a viable social unit;

(3) Protecting the rights of parents to rear children who are members of their household; and

(4) Protecting the health and safety of minor children.

Legislative History

70 Del. Laws, c. 238, § 1 ; 70 Del. Laws, c. 186, § 1