West Virginia Abortion Laws
By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 23, 2024
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Summary
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.
Introduction
When the U.S. Supreme Court overruled Roe v. Wade in Dobbs v. Jackson Women's Health Organization, the West Virginia legislature reactivated the state’s existing pre-Roe law. This amounted to a near-total abortion ban across the state. West Virginia’s law prescribes criminal penalties for performing an abortion.
The Women’s Health Center of West Virginia immediately filed for an injunction against enforcement of the statute. The case was later dropped as the practitioners who brought the suit no longer operated in the state.
West Virginia has other laws on the books affecting abortion rights. These laws have not been challenged or repealed.
West Virginia Abortion Law
Like most states which banned abortions following Dobbs, West Virginia does not recognize a constitutional right to abortion. West Virginia state law limits abortion to a few specific situations:
- An immediate medical emergency that requires the immediate termination of the pregnant person’s pregnancy. A medical emergency is a physical condition or illness and does not include any psychological or emotional claim including threats of suicide or serious bodily harm (WOMEN'S RIGHT TO KNOW ACT §16-2I-1)
- The fetus is nonviable
- Ectopic pregnancy
- Sexual assault or incest if a report was made to law enforcement. Abortion is limited to the first eight weeks of pregnancy or 14 weeks for a minor or incapacitated adult (UNBORN CHILD PROTECTION ACT §16-2R-3)
Abortions may not use partial-birth abortion procedures. They must be performed by a licensed medical professional in a hospital facility.
(Information current as of October 2024)
West Virginia Abortion Code Section |
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|---|---|
West Virginia Statutory Definition of Illegal Abortion |
Abortion means the use of any medical treatment, drug, instrument, or device with the intent of terminating a pregnancy. Abortion includes both physical and medication abortion (“abortion pill,” mifepristone). An illegal abortion is any abortion performed except to save the life of the mother due to a medical emergency, removal of a non-viable fetus, or ectopic pregnancy. It's also illegal if not performed by a licensed medical professional in a hospital facility. |
West Virginia Statutory Definition of Legal Abortion |
Under West Virginia law, legal abortions must be performed by a licensed medical professional in a hospital to save the life of the mother, remove a non-viable fetus, or in cases of rape or incest. |
West Virginia Penalty for Unlawful Abortion |
Performing an illegal abortion is a felony with a determinate sentence of three to 10 years in a state prison. Criminal charges may not be filed against the pregnant woman. |
Resources for Abortion Laws in West Virginia
- Abortion Laws
- Planned Parenthood
- Women's Healthcare Center - West Virginia
- Center for Reproductive Rights - West Virginia
- Healthcare Law
Abortion Issues in West Virginia? An Attorney Can Help
West Virginia abortion clinics remain open for family planning services as of October 2024. In the face of the statewide ban, getting an abortion in West Virginia is no easy task. Speak with a West Virginia healthcare attorney for legal advice and possible options.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.
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