DE SB21

Repeals existing sections 1790-1795 of Delaware Code Title 24 and enacts "The Pain-Capable Unborn Child Protection Act" to establish a new framework for abortion regulation based on fetal pain capability.

Prohibits abortion of an unborn child at 20 or more weeks post-fertilization (when presumed capable of feeling pain) unless necessary to prevent serious health risk to the pregnant woman, excluding psychological or emotional conditions.

Requires physicians to determine probable post-fertilization age before performing abortion except in medical emergencies, using inquiries and medical examinations as a reasonably prudent physician would consider necessary.

Mandates physicians report all abortions to the Department of Health and Social Services annually with specific information about post-fertilization age determination, method used, and medical justification for late-term procedures; reports must protect patient anonymity.

Establishes criminal penalties including Class D felony charges for violations, professional license discipline, private civil action rights for women and fathers to recover damages and attorney fees, and injunctive relief authority for the Department of Justice.