“An Act to Amend Titles 10 and 24 of the Delaware Code Relating to Fertility Treatment;” effective 9/24/24
“ ‘Fertility treatment’ means any test, procedure, medication, surgery, or service to address or enhance an individual’s ability to reproduce or get pregnant, including:
1. In vitro fertilization.
2. Intrauterine insemination.
3. Ovulation induction.
4. Embryo biopsy.
4. Cryopreservation and thawing of eggs, sperm, and embryos.
6. Cryopreservation of testicular or ovarian tissue.
7. Storage or disposal of oocytes, sperm, embryos, or tissue.”
“Reproductive health services” includes all of the following:
a. “Abortion” as defined in § 1782 of this title.
b. “Termination of pregnancy” as authorized in § 1790 of this title.
c. Emergency contraception that is approved by the Federal Drug Administration and available overthe-counter, with a prescription, or dispensed consistent with the requirements of Chapter 25 of this title.
d. Services relating to pregnancy or the termination of pregnancy including medical, surgical, counseling, or referral services.
e. Fertility treatment.”
“A law of another state that authorizes a person to bring a civil action against a person that does any of the following is contrary to the public policy of this State:
(1) Terminates or seeks to terminate a pregnancy.
(2) Performs or induces the termination of pregnancy.
(3) Knowingly engages in conduct that aids or abets the performance or inducement of the termination of pregnancy.
(4) Attempts or intends to engage in the conduct described in paragraphs (a)(1) through (3) of this section.
(5) Provides fertility treatment as defined by § 1702 of Title 24.
(6) Attempts or intends to engage in conduct described in paragraph (a)(5) of this section.”
