By John Mascolo, Esq. | Legally reviewed by John Mascolo, Esq. | Last reviewed June 03, 2024
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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.
After Roe v. Wade (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.
In 2020, Virginia Democrats controlled the General Assembly and held the governor's office. They enacted the Reproductive Health Protection Act, 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 The law repealed a 24-hour waiting period for those seeking abortion services.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.
In June 2022, the U.S. Supreme Court overruled Roe v. Wade in the case of Dobbs v. Jackson Women's Health Organization. The court majority concluded that Roe 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.
In the aftermath of Dobbs, 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.
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.
In 2021, Virginia Republicans pulled off an upset in the governor's and attorney general's races, with Republican candidates winning both seats.
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.
By 2023, Gov. Glenn Youngkin was promoting a legislative proposal for a 15-week abortion ban as a compromise position in the post-Dobbs political landscape. State Republicans' goal was to hold the House of Delegates and flip the state senate to Republican control in the upcoming elections.
But, in November 2023, Virginians went to the polls for the first time since the Dobbs 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.
Learn more about Virginia's abortion laws below, with links to more articles. See FindLaw's Reproductive Rights section to learn more about this area of the law.
| Relevant Virginia abortion laws | Virginia Code Title 16.1, Courts Not of Record Chapter 11, Juvenile and Domestic Relations district courts — Article 3, Jurisdiction and Venue
Title 18.2, Crimes and Offenses Chapter 4, Crimes Against the Person — Article 9, Abortion
Title 32.1, Health Chapter 3, Medical Care Services — Article 4, Miscellaneous Services
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| When is abortion legal? | 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. |
| Consent requirements | Adults: Providers must have written, informed consent before procedure or treatment. Incapacitated Adults: 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 to the patient before the procedure or treatment. Minors: 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. An authorized person is a parent, legal guardian, or person standing in loco parentis, including a grandparent or an adult sibling. 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. Medical emergency: In cases of medical emergency, consent requirements may be waived. Abuse or neglect cases: 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. |
| Consent requirements | Informed, written consent of mother (if incompetent, written permission from parent or guardian must be obtained) |
| Penalty for unlawful abortion |
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| Availability of medication abortion | Yes. Medication abortion is available in Virginia now. |
| Residency requirements | None. |
| Physician licensing requirements |
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Note: State laws are subject to change through the passage of new legislation, rulings in higher courts (including federal courts), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.
Virginia politics can be volatile. The majorities in the state senate and House of Delegates often fluctuate between Democrats and Republicans. In 2021, GOP candidate Glenn Youngkin won the Governor's race. But, in 2023, Virginia voters returned control of the General Assembly to the Democrats.
Now, Virginia law makes abortion legal through the second trimester or around 24 weeks into a pregnancy. This aligns Virginia with the majority of states that only enact abortion restrictions once a pregnancy reaches the stage of fetal viability.
In contrast, since Dobbs, most states in the South have enacted near-total abortion bans. For example, Kentucky and Tennessee prohibit all abortions except in cases of medical emergencies such as saving the life of the mother.
The Food and Drug Administration (FDA) first approved the common two-drug regimen of abortion pills in 2000. More recently, the FDA changed its rules related to the prescription and distribution of mifepristone, one of the two drugs used in medication abortion.
Abortion opponents opposed the FDA rule changes and their expansion of medication abortion access nationwide. They filed a federal lawsuit in Texas seeking to overturn FDA approval of mifepristone or at least of the ability for patients to use telehealth appointments and get these drugs through the mail.
Abortion providers in states where abortion remained legal after Dobbs sought to keep the expanded prescription and distribution options in place. They filed a separate lawsuit.
The U.S. Supreme Court intervened in the case. It suspended all lower court rulings and maintained access to mifepristone while the case proceeded. A final court ruling is expected in 2024.
Given the controversy (and sometimes misinformation) on abortion, sometimes you need a professional to help you understand and defend your rights. You can talk with a family law attorney in Virginia today and get advice to address your specific situation.
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