2025 Delaware Code
Title 10 - Courts and Judicial Procedure
Chapter 39. PLEADING AND PRACTICE
§ 3928. Limitations and protections against actions relating to healthcare services.
(a) 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.
(7) Provides any “healthcare services,” as defined by § 1702 of Title 24, that are unlawful in another state but are lawful in this State.
(8) Knowingly engages in conduct that aids or abets the provision of any “healthcare services,” as defined by § 1702 of Title 24, that are unlawful in another state but are lawful in this State.
(9) Attempts or intends to engage in the conduct described in paragraph (a)(7) or (a)(8) of this section.
(b) The State shall not do any of the following:
(1) Apply any law described in subsection (a) of this section to any case or controversy heard in any court.
(2) Issue a summons, subpoena, warrant, court order, or other legal process in a case where prosecution is pending, or where a grand jury investigation has commenced, or is about to commence, for a criminal violation of a law described in subsection (a) of this section unless the acts forming the basis of the prosecution or investigation would constitute a crime in this State.
(3) Issue or enforce a subpoena, summons, warrant, court order, or other legal process for information or testimony issued by another state or government relating to a civil action described in subsection (a) of this section.
