{"id":376897,"date":"2016-03-31T21:37:07","date_gmt":"2016-04-01T02:37:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/virginia-abortion-laws.html"},"modified":"2024-06-03T10:56:16","modified_gmt":"2024-06-03T15:56:16","slug":"virginia-abortion-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/virginia-abortion-laws.html","title":{"rendered":"Virginia Abortion Laws"},"content":{"rendered":"\n
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Virginia Abortion Laws<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Abortion is legal in Virginia through the second trimester of pregnancy. After that, abortion is legal only in cases where three physicians certify that the continuation of the pregnancy will likely result in the death of the pregnant woman or will substantially and irremediably impair the mental or physical health of the pregnant woman.<\/p>\r\n

The Reproductive Health Protection Act<\/h2>\r\n

After Roe v. Wade<\/i><\/a> (1973) established a constitutional right to abortion, Virginia abortion laws often focused on regulations that discouraged abortion and laws that limited it at fetal viability.<\/p>\r\n

In 2020, Virginia Democrats controlled the General Assembly and held the governor’s office. They enacted the Reproductive Health Protection Act<\/a>, eliminating legislative obstacles to abortion access. The law repealed a 24-hour waiting period for those seeking abortion services. It also ended required state mandates for abortion counseling and an ultrasound for patients.<\/p>\r\n

Virginia Abortion Law After <\/b>Dobbs<\/i><\/h2>\r\n

In June 2022, the U.S. Supreme Court overruled Roe v. Wade<\/i> in the case of Dobbs v. Jackson Women’s Health Organization<\/i><\/a>. The court majority concluded that Roe<\/i> was wrongly decided and that the constitutional right to privacy does not include a woman’s right to an abortion. The court’s decision returned to the states the power to regulate and even prohibit abortion<\/a>.<\/p>\r\n

In the aftermath of Dobbs<\/i>, abortion laws became extremely varied from one state to the next. Some states ban abortion except when necessary to save the life of the mother. A pregnant person seeking abortion services in such a state faces the choice of traveling out of their home state to a state where abortion remains legal.<\/p>\r\n

The Commonwealth of Virginia provides legal protection for abortion through the second trimester of pregnancy. After that, access to abortion remains severely limited to cases where the patient’s life is at risk, or there will be substantial harm to the patient’s physical or mental health.<\/p>\r\n

Changing Politics<\/h2>\r\n

In 2021, Virginia Republicans pulled off an upset in the governor’s and attorney general’s races, with Republican candidates winning both seats.<\/p>\r\n

In 2022, Virginia had a divided government. Democrats held the majority in the state senate, while Republicans held the majority in the House of Delegates. So Virginia could not follow the lead of many Southern states and enact a new abortion ban after Dobbs<\/i>.<\/p>\r\n

By 2023, Gov. Glenn Youngkin was promoting a legislative proposal for a 15-week abortion ban as a compromise position in the post-Dobbs<\/i> political landscape. State Republicans’ goal was to hold the House of Delegates and flip the state senate to Republican control in the upcoming elections.<\/p>\r\n

But, in November 2023, Virginians went to the polls for the first time since the Dobbs<\/i> decision. Democrats won back the House of Delegates and held the state senate. This put the abortion opponents’ goal of a 15-week ban in Virginia on hold.<\/p>\r\n

Virginia Abortion Laws: Table<\/h2>\r\n

Learn more about Virginia’s abortion laws below, with links to more articles. See FindLaw’s Reproductive Rights<\/a> section to learn more about this area of the law.<\/p>\r\n\r\n
Relevant Virginia abortion laws<\/th>\r\n

Virginia Code<\/b><\/p>\r\n

Title 16.1, Courts Not of Record<\/b><\/p>\r\n

Chapter 11, Juvenile and Domestic Relations district courts \u2014 Article 3, Jurisdiction and Venue<\/p>\r\n

When is abortion legal?<\/th>\r\n

Abortion is legal in Virginia through the second trimester of pregnancy. After that, abortion is legal only in cases where three physicians certify that continuation of the pregnancy will likely result in the death of the pregnant woman or will substantially and irremediably impair the mental or physical health of the pregnant woman.<\/p>\r\n<\/td>\r\n<\/tr>

Consent requirements<\/th>\r\n

Adults:<\/b> Providers must have written, informed consent before procedure or treatment.<\/p>\r\n

Incapacitated Adults:<\/b> If the patient has been adjudicated incapacitated by a court, then providers must have written permission from a parent, guardian, committee, or other person standing in loco parentis<\/a> to the patient before the procedure or treatment.<\/p>\r\n

Minors:<\/b> For unemancipated patients under 18 years of age, an authorized person must provide a signed, written, notarized statement that they know of the minor’s intent to have an abortion and that they consent to the procedure or treatment. In most cases, this must happen at least 24 hours before the abortion.<\/p>\r\n

An authorized person is a parent, legal guardian, or person standing in loco parentis,<\/i> including a grandparent or an adult sibling.<\/p>\r\n

A minor can file a petition with the juvenile or domestic relations court and seek judicial authorization to proceed with the abortion if they elect not to seek the consent of an authorized person.<\/p>\r\n

Medical emergency:<\/b> In cases of medical emergency, consent requirements may be waived.<\/p>\r\n

Abuse or neglect cases:<\/b> In cases where a minor alleges abuse or neglect and the physician has reason to suspect abuse or neglect and reports it to law enforcement, no parental consent or judicial authorization is required.<\/p>\r\n<\/td>\r\n<\/tr>

Consent requirements<\/th>\r\nInformed, written consent of mother (if incompetent, written permission from parent or guardian must be obtained)<\/td>\r\n<\/tr>
Penalty for unlawful abortion<\/th>\r\n
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  • Unlawful abortion and partial birth infanticide are Class 4 felony offenses. They are punishable by two to 10 years in prison, a fine of up to $100,000, or both.<\/li>\r\n
  • Promoting abortion contrary to law, performing an abortion on a minor without complying with the parental consent law, and signing the authorization for a minor’s abortion when not an authorized person are all Class 3 misdemeanor offenses. They are punishable by a fine of up to $500.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Availability of medication abortion<\/th>\r\n

Yes. Medication abortion is available in Virginia now.<\/p>\r\n<\/td>\r\n<\/tr>

Residency requirements<\/th>\r\nNone.<\/td>\r\n<\/tr>
Physician licensing requirements<\/th>\r\n