SB 205

Abstract

The Act protects the life of the unborn child at a time when the potential for the child to survive outside the womb increases, especially with the advancement of medical procedures. Also, there is substantial medical evidence that an unborn child is capable of experiencing pain by 20 weeks after fertilization. The Delaware Legislature has the constitutional authority to make this judgment as shown in U.S. Supreme Court decisions as detailed in this Act. In enacting this legislation Delaware is not asking the Supreme Court to overturn or replace the holding in Roe v. Wade. Rather, it asserts a separate and independent compelling state interest in unborn human life that exists once the unborn child is capable of experiencing pain.