Delaware DE
No banNo state law restricts puberty blockers, cross-sex hormones or surgery for minors.
Last verified: 13 Oct 2026
Medical care for minorsNo ban
No state law restricts puberty blockers, cross-sex hormones or surgery for minors.
Delaware Governor (executive orders)
Medicaid and CHIPNot yet announced
Delaware has not announced whether it will pay with state funds after the 13 Oct 2026 cutoff. A federal CMS final rule (13 Aug 2026) prohibits federal Medicaid and CHIP funding for these procedures for patients under 18 (Medicaid) and under 19 (CHIP).
42 C.F.R. 441.800–802, 457.476 (91 Fed. Reg. 52406)
Earlier policy: Official source: medicaidpublications.dhss.delaware.gov
State employee coverageCovers
State employee health plans explicitly cover gender-transition procedures.
SBO - Highmark Delaware - Health Plan (dhr.delaware.gov)
SportsNo state law
No state law separates school sports by biological sex; eligibility is set by schools and athletic associations.
No state law identified (statute review, Oct 2026)
FacilitiesNo state law
No state law requires restrooms or changing facilities to be used according to biological sex.
No state law identified (statute review, Oct 2026)
Pronouns and parent noticeNo state law
No state law requires schools to notify parents about a student's gender identity or name and pronoun requests.
No state law identified (statute review, Oct 2026)
CurriculumModel curriculum (optional)
State law directs the education department to develop an LGBT-inclusive model curriculum, but schools are not required to adopt it.
Bill Detail - Delaware General Assembly (legis.delaware.gov)
Definition of sexNo state law
No state statute defines sex in biological terms across state law.
No state law identified (statute review, Oct 2026)
Identity documentsBirth-certificate sex changed with clinician statement
Birth-certificate sex changed with clinician statement; driver's licence sex change needs a provider form.
Delaware § 4205
AdultsNo state law
No state law restricts adult access to, or public funding of, gender-transition procedures.
No state law identified (statute review, Oct 2026)
DetransitionNo state law
No state law provides an extended limitations period or other remedy specific to detransitioners.
No state law identified
PrisonsCase-by-case
A multidisciplinary review decides housing case by case, not on anatomy alone.
DOC Policy 8.60A
Pending billsNo active bills
No active bills (checked 13 Oct 2026). The 2026 regular session has adjourned (or the legislature does not meet in 2026), so 2025-26 bills are no longer moving. LegiScan search linked.
LegiScan search, checked 13 Oct 2026 (adjourned legislature)
LitigationActive
Plaintiff in Illinois v. HHS (D. Mass., filed 2 Sept 2026) challenging the CMS funding rule.
Complaint, Illinois v. HHS, No. 1:26-cv (D. Mass., filed 2 Sep 2026)
Key datesNone upcoming
No upcoming effective dates or court deadlines were identified.
Review, Oct 2026
Sources
- Delaware Governor (executive orders) →
- 42 C.F.R. 441.800–802, 457.476 (91 Fed. Reg. 52406) →
- Earlier policy: Official source: medicaidpublications.dhss.delaware.gov →
- SBO - Highmark Delaware - Health Plan (dhr.delaware.gov) →
- Bill Detail - Delaware General Assembly (legis.delaware.gov) →
- Delaware § 4205 →
- DOC Policy 8.60A →
- LegiScan search, checked 13 Oct 2026 (adjourned legislature) →
- Complaint, Illinois v. HHS, No. 1:26-cv (D. Mass., filed 2 Sep 2026) →