{"id":377173,"date":"2016-03-31T21:37:16","date_gmt":"2016-04-01T02:37:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/west-virginia-law\/west-virginia-abortion-laws.html"},"modified":"2024-10-23T07:58:27","modified_gmt":"2024-10-23T12:58:27","slug":"west-virginia-abortion-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/west-virginia-law\/west-virginia-abortion-laws.html","title":{"rendered":"West Virginia Abortion Laws"},"content":{"rendered":"\n
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West Virginia Abortion Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last reviewed\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

Summary<\/b><\/h2>\r\n

Abortion is illegal in West Virginia. Exceptions are possible for medical emergencies, a fetus not compatible with life, or an ectopic pregnancy. In cases of sexual assault, abortion is available up to the eighth week of pregnancy.<\/p>\r\n

Introduction<\/b><\/h2>\r\n

When the U.S. Supreme Court overruled Roe v. Wade<\/i><\/a> in Dobbs v. Jackson Women’s Health Organization<\/i><\/a>, the West Virginia legislature reactivated the state\u2019s existing pre-Roe<\/i> law.<\/a> This amounted to a near-total abortion ban across the state. West Virginia\u2019s law prescribes criminal penalties for performing an abortion.<\/p>\r\n

The Women\u2019s Health Center of West Virginia immediately filed for an injunction against enforcement of the statute. The case was later dropped<\/a> as the practitioners who brought the suit no longer operated in the state.<\/p>\r\n

West Virginia has other laws on the books affecting abortion rights. These laws have not been challenged or repealed.<\/p>\r\n

West Virginia Abortion Law<\/b><\/h2>\r\n

Like most states<\/a> which banned abortions following Dobbs<\/i>, West Virginia does not recognize a constitutional right to abortion. West Virginia state law limits abortion to a few specific situations:<\/p>\r\n