Virginia Abortion Law: Text, Impact, And Controversy

Abortion laws vary from state to state in the US, and Virginia's abortion laws have undergone a series of changes over the years. The state's legislative history on abortion reflects a continual evolution of laws and regulations that have shaped access to reproductive healthcare. Virginia's abortion laws have been influenced by court rulings, legislative reforms, and political campaigns, with Democrats campaigning on abortion rights and Republicans proposing restrictions. The state's current laws allow abortions during the first and second trimesters, with certain conditions and requirements in place, while abortions in the third trimester are prohibited except when necessary to save the life of the mother.

Abortion law in Virginia after Roe v. Wade was overturned

Abortion law in Virginia has undergone significant changes in recent years, especially after the U.S. Supreme Court's decision to overturn Roe v. Wade in June 2022. This ruling removed the federal constitutional protection for abortion rights and allowed states to implement their own regulations.

Prior to the overturning of Roe v. Wade, Virginia had already been navigating a complex legislative journey regarding abortion. In the late 1800s, similar to many other states, Virginia implemented bans on abortion with therapeutic exceptions, aiming to protect women's lives while regulating abortion practices. By 1950, the state introduced a legal therapeutic exception, allowing abortions under specific circumstances, particularly when a woman's physical or mental health was at risk. The University of Virginia Hospital established a review board in 1950 to evaluate and approve abortion requests, especially those grounded in psychiatric reasons.

In 1970, Virginia underwent significant reforms to its abortion laws, aligning with the evolving legal standards set by the American Law Institute's Model Penal Code. This marked a shift towards reproductive rights in the state. Subsequently, in 1975, the U.S. Supreme Court's ruling in Bigelow v. Virginia ensured that abortion providers in Virginia could openly communicate and provide information about their services to the public.

However, after Roe v. Wade was overturned, Virginia's abortion laws entered a new phase. The state's legislative body, dominated by anti-abortion rights politicians, began shaping abortion access. In April 2020, Governor Ralph Northam signed bills that removed certain abortion-related regulations, such as mandatory ultrasounds and social counseling, and expanded the list of healthcare professionals authorized to perform first-trimester abortions.

Currently, Virginia prohibits abortions in the third trimester, except when continuing the pregnancy is certified by a physician to pose an imminent danger to the woman's life or a substantial and irremediable impairment to her mental or physical health. This certification requires the agreement of three doctors. Additionally, abortions are lawful during the first and second trimesters if performed by licensed physicians or advanced practice registered nurses.

The impact of these evolving abortion laws in Virginia is evident in the statistics. In 2014, there were 20,187 legal abortions performed, which decreased slightly to 18,663 in 2015. The state's legislative, judicial, and clinic histories underscore an ever-changing approach to reproductive healthcare, with abortion rights supporters and opponents actively influencing policy decisions.

Virginia abortion law: First and second trimesters

Abortion laws in Virginia state that it is lawful for a physician licensed by the Board of Medicine to terminate or attempt to terminate a pregnancy during the first trimester. This also applies to any person jointly licensed by the Boards of Medicine and Nursing as an advanced practice registered nurse.

During the second trimester, it is lawful for a physician licensed by the Board of Medicine to terminate or attempt to terminate a pregnancy, provided the procedure is performed in a hospital licensed by the State Department of Health or operated by the Department of Behavioral Health and Developmental Services.

After the second trimester, a licensed physician can terminate or attempt to terminate a pregnancy if the following conditions are met:

• The operation is performed in a hospital licensed by the Virginia State Department of Health or operated by the Department of Behavioral Health and Developmental Services.
• The physician and two consulting physicians certify and enter into the hospital record that, based on their best clinical judgment, the continuation of the pregnancy is likely to result in the death or substantial and irremediable mental or physical impairment of the woman.
• Measures for life support for the product of such abortion or miscarriage must be available and utilized if there is any clearly visible evidence of viability.

Third-trimester abortion law in Virginia

Third-trimester abortions are generally prohibited in Virginia. However, there are specific circumstances under which the procedure may be permitted.

Abortion was considered a criminal act and was largely illegal in Virginia before 1900, reflecting the broader trend in the United States during the 19th and early 20th centuries. In 1950, the state introduced a therapeutic exception, allowing abortion when a woman's physical or mental health was at risk.

Currently, Virginia law permits third-trimester abortions if the continuation of the pregnancy poses an imminent danger to the woman's life or substantially and irremediably impairs her mental or physical health. This determination must be certified by a physician and two consulting physicians, based on their best clinical judgment. The procedure must be performed in a hospital licensed by the Virginia State Department of Health or operated by the Department of Behavioral Health and Developmental Services. Additionally, measures for life support for the aborted fetus must be available and utilized if there is any clearly visible evidence of viability.

In 2024, a bill that would have removed restrictions on late-term abortions in Virginia sparked controversy and was labelled as "infanticide" by critics. The bill, sponsored by Democrats, sought to allow abortions at any point in the pregnancy, up until childbirth, in certain cases. It would have removed the requirement for three doctors' sign-off and instead required only one doctor's approval if the mother's physical or mental safety were at risk. This bill was defeated and did not pass.

Virginia's abortion laws continue to evolve, with ongoing debates and legislative proposals reflecting the contentious nature of reproductive rights in the state and the country.

Legal history of abortion in Virginia

The legal history of abortion in Virginia has been subject to continual evolution, reflecting the state's ever-changing approach to reproductive healthcare. Before 1900, abortion was largely illegal in Virginia, mirroring the stance of many other US states during the 19th and early 20th centuries. Abortion was considered a criminal act, prohibited by state laws.

However, in 1950, Virginia introduced a therapeutic exception, permitting abortions under specific circumstances, particularly when a woman's physical or mental health was at risk. The University of Virginia Hospital established a review board in 1950 to evaluate and approve abortion requests, especially those based on psychiatric grounds. This rigorous approval process led to a notable decrease in the number of abortions performed at the hospital.

In 1970, Virginia underwent significant reforms in its abortion laws, aligning with the evolving legal standards set by the American Law Institute's Model Penal Code. This marked a shift in the state's approach to reproductive rights.

The US Supreme Court's 1973 ruling in Roe v. Wade prohibited Virginia from regulating abortion during the first trimester. However, this ruling was later overturned by the Supreme Court in 2022 in Dobbs v. Jackson Women's Health Organization.

In 1975, a landmark case, Bigelow v. Virginia, saw the US Supreme Court rule that state bans on abortion clinics advertising their services were unconstitutional. This decision was pivotal, ensuring abortion providers across Virginia and the nation could openly communicate about their services.

Over the following decades, Virginia introduced various regulations impacting abortion access. By 2007, Virginia had detailed informed consent requirements for abortions, providing specific information to individuals seeking the procedure.

In 2013, Virginia implemented the Targeted Regulation of Abortion Providers (TRAP) laws, imposing stringent mandates on abortion clinics, private doctor offices, and medication-induced abortions. These regulations sparked debates about their effects on abortion access and healthcare more broadly.

In May 2019, Virginia passed legislation prohibiting abortion after the 25th week of pregnancy. However, in April 2020, Governor Ralph Northam signed bills removing certain abortion-related regulations, including mandatory ultrasounds and social counselling 24 hours before the procedure. These bills also expanded the range of healthcare professionals authorised to perform first-trimester abortions.

Presently, Virginia bans abortions in the third trimester, except when continuing the pregnancy endangers the woman's life, as certified by a physician. This certification requires the agreement of three doctors if the termination is deemed necessary due to the likelihood of death or substantial and irremediable harm to mental or physical health.

On February 7, 2024, the Virginia House rejected a bill that would have imposed a near-total ban on abortion.

Virginia abortion law: Consent requirements

Virginia's abortion laws have been subject to continual evolution, with laws and regulations frequently reshaping access to reproductive healthcare in the state.

Abortion is legal in Virginia through the second trimester. After this point, abortion is only legal if it is necessary to save the life of the mother or to protect her physical or mental health. This requires certification from three doctors.

Virginia law requires women seeking abortions to undergo a transvaginal ultrasound at least 24 hours before the procedure. State-directed counseling must also be received at least 24 hours prior to the procedure.

Informed, written consent is required from the mother before an abortion can be performed. If the woman is deemed incompetent, written permission from a parent or guardian must be obtained.

The state introduced detailed abortion-specific informed consent requirements in 2007, ensuring that individuals seeking abortions were provided with specific information before the procedure.

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