What are the abortion laws in Virginia?

Laura Peters, Staunton News Leader
·4 min read
Anti-abortion protesters gather outside the Supreme Court in Washington on Friday, June 24, 2022. The Supreme Court has ended constitutional protections for abortion that had been in place nearly 50 years, a decision by its conservative majority to overturn the court's landmark abortion cases.
Anti-abortion protesters gather outside the Supreme Court in Washington on Friday, June 24, 2022. The Supreme Court has ended constitutional protections for abortion that had been in place nearly 50 years, a decision by its conservative majority to overturn the court's landmark abortion cases.

The Supreme Court overturned Roe v. Wade Friday, ruling that Americans no longer have the constitutional right to have an abortion.

The justices — all of whom were appointed by Republican presidents — made it a 6 to 3 decision.

"Though not unexpected, the court's decision hit like a political and cultural earthquake, reshaping the relationship between millions of Americans and the government," a USA TODAY article said. "While the opinion will be celebrated by conservatives, it will almost certainly lead to protests, new lawsuits and charges from the left that the nation's highest court – ostensibly above the partisan fray – is just as political as the other branches of the federal government."

Now, the decision comes down to the states. As of now, what are the abortion laws in Virginia?

According to USA TODAY abortions are allowed in Virginia during the first trimester of pregnancy.

During the second trimester, they are allowed if performed in a hospital. In the third, they are only allowed if the mother’s life or health is in jeopardy.

In 2020, Virginia repealed a provision requiring patients to undergo an ultrasound and counseling and wait 24 hours before abortions. Minors are required to have an "authorized person," a parent or legal guardian, provide written consent before receiving an abortion, USA TODAY said.

According to the Guttmacher Institute, a research and policy organization committed to advancing sexual and reproductive health and rights, these are the following restrictions on abortion in Virginia:

  • Abortion is covered in insurance policies for public employees only in cases of life endangerment, rape, incest or fetal impairment.

  • The parent of a minor must consent and be notified before an abortion is provided.

  • Public funding is available for abortion only in cases of life endangerment, rape, incest or fetal impairment.

  • An abortion during the third trimester may be performed only if the patient's life or health is endangered.

We looked at the Code of Virginia and this is what we found:

Virginia allows licensed doctors and nurse practitioners to perform abortions in the first trimester; in the second trimester if the procedure is performed in a licensed hospital; and in the third trimester under additional circumstances including three physicians concluding that "the continuation of the pregnancy is likely to result in the death of the woman or substantially and irremediably impair the mental or physical health of the woman."

Did you know in Virginia you can't encourage or promote abortion outside the state's legal exceptions?

According to the Code of Virginia: "If any person, by publication, lecture, advertisement, or by the sale or circulation of any publication, or through the use of a referral agency for profit, or in any other manner, encourage or promote the performing of an abortion or the inducing of a miscarriage in this Commonwealth which is prohibited under this article, he shall be guilty of a Class 3 misdemeanor."

If an abortion is performed outside those exceptions, the person performing it could face a felony charge.

"Except as provided in other sections of this article, if any person administer to, or cause to be taken by a woman, any drug or other thing, or use means, with intent to destroy her unborn child, or to produce abortion or miscarriage, and thereby destroy such child, or produce such abortion or miscarriage, he shall be guilty of a Class 4 felony," the code states.

Here's when it's lawful, according to the code:

  • Any physician licensed by the Board of Medicine to practice medicine and surgery or any person jointly licensed by the Boards of Medicine and Nursing as a nurse practitioner and acting within such person's scope of practice to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman during the first trimester of pregnancy.

  • Any physician licensed by the Board of Medicine to practice medicine and surgery, to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman during the second trimester of pregnancy and prior to the third trimester of pregnancy provided such procedure is performed in a hospital licensed by the State Department of Health or operated by the Department of Behavioral Health and Developmental Services.

There are some exceptions when it's lawful after the second trimester and when it's necessary to save a women's life.

Read the full code here.

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Laura Peters is the trending topics reporter at The News Leader. Have a news tip on local trends or businesses? Or a good feature? You can reach reporter Laura Peters (she/her) at lpeters@newsleader.com. Follow her @peterslaura. Subscribe to The News Leader at newsleader.com.

This article originally appeared on Staunton News Leader: Roe v. Wade has been overturned. What are the laws in Virginia?