DE HB52

Repeals existing sections 1790-1795 of Delaware Code and enacts "The Pain-Capable Unborn Child Protection Act" establishing that unborn children are capable of experiencing pain at 20 weeks after fertilization.

Prohibits abortion of a pain-capable unborn child (20+ weeks post-fertilization) except when necessary to prevent serious health risk to the mother, excluding psychological or emotional conditions.

Requires physicians to determine probable post-fertilization age before performing an abortion, except in medical emergencies, and to use the abortion method providing the best opportunity for fetal survival when applicable.

Establishes reporting requirements for physicians performing abortions to the Department of Health and Social Services, with annual public reports on abortion statistics while maintaining patient confidentiality.

Imposes Class D felony penalties for intentional or reckless violations, allows civil actions for damages and injunctive relief by affected women or parents, and subjects violating medical practitioners to professional license discipline.