Virginia's Current Late-Term Abortion Laws: What You Need Know

Abortion laws in the US state of Virginia have been the subject of much debate and controversy in recent years, with Democrats campaigning on abortion rights and Republicans seeking to institute abortion bans. Currently, abortion is legal in Virginia up to the end of the second trimester of a pregnancy. After this point, abortion is only legal if the pregnancy poses an imminent danger to the woman's life or substantially and irremediably impairs her mental or physical health. This requires the certification of three doctors.

Third-trimester abortions are only legal if the mother's life is at risk

Third-trimester abortions are only legal in Virginia if the mother's life is at risk. This is a long-standing exception, dating back to the late 1800s, when the state first introduced therapeutic exceptions to its abortion laws. These exceptions were designed to protect women's lives, allowing abortions when continuing the pregnancy would result in the mother's death.

In Virginia, third-trimester abortions are only permitted if the risk to the mother's life is "substantial and irremediable". This means that the continuation of the pregnancy is likely to result in the death of the woman or cause substantial and lasting damage to her mental or physical health.

To ensure the mother's life is indeed at risk, Virginia law requires the certification of three doctors for a third-trimester abortion to be deemed necessary. This is in addition to the requirement that the procedure must be performed in a licensed hospital.

The specific conditions under which a third-trimester abortion is lawful in Virginia are outlined in the Code of Virginia, Title 18.2, Chapter 4, Article 9, § 18.2-74. This section details the criteria that must be met for a physician to legally terminate a pregnancy after the second trimester.

The law states that a licensed physician may perform a third-trimester abortion 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 will likely result in the death of the woman or substantially and irremediably impair her mental or physical health.
• Measures for life support for the foetus must be available and utilised if there is any clearly visible evidence of viability.

The procedure requires sign-off from three doctors

Virginia's current abortion laws are a result of the state's ever-evolving approach to reproductive healthcare. The state's legislative history on abortion reflects a continual evolution of laws and regulations that have shaped access to reproductive healthcare.

Abortion in Virginia is currently legal up to the end of the second trimester of pregnancy. After this point, abortion is only permitted if the pregnancy poses an imminent danger to the woman's life or substantially and irremediably impairs her mental or physical health.

The requirement for sign-off from three doctors is a key component of Virginia's abortion laws and serves as a safeguard to ensure that late-term abortions are only performed when deemed medically necessary by multiple medical professionals. This measure adds an extra layer of scrutiny and authorisation to the process, reflecting the state's approach to balancing the protection of women's lives and the regulation of abortion practices.

The involvement of three doctors, each bringing their own clinical judgment and expertise, provides a comprehensive assessment of the patient's condition and the potential risks associated with continuing the pregnancy. This collaborative approach helps ensure that the decision-making process is thorough and well-informed, taking into account multiple medical perspectives.

The requirement for sign-off from three doctors is a distinct aspect of Virginia's abortion laws and sets a higher standard for authorisation compared to some other states. This provision underscores the state's emphasis on rigorous evaluation and the involvement of multiple medical professionals in late-term abortion decisions.

Democrats have tried to relax these laws

Virginia's current laws on late-term abortions are restrictive, and Democrats have made several attempts to relax these laws. In 2020, Governor Ralph Northam, a Democrat, signed bills that removed certain abortion-related regulations. These bills eliminated requirements such as mandatory ultrasounds and social counselling 24 hours before the procedure. The changes also expanded the pool of healthcare professionals authorised to perform first-trimester abortions and removed the designation of facilities that performed more than five abortions annually as hospitals.

Democrats have also proposed legislation to allow abortions at any point in the pregnancy, up until childbirth, in certain cases. The Democratic bill sought to allow late-term abortions if the mother's physical or mental safety was at risk. This proposal would have removed the existing requirement of substantial and irremediable risk to the mother's life, which is the current threshold for permitting third-trimester abortions. The Democratic bill also aimed to reduce the number of doctors required to sign off on the procedure from three to one.

These attempts to relax late-term abortion laws have faced strong opposition from conservatives and have sparked controversies. Critics labelled the proposed changes as infanticide, arguing that they would allow abortions up until the moment before a child's first breath. The bill failed to pass, and the existing stringent laws on late-term abortions remain in place in Virginia.

Despite the failure of this specific bill, Democrats in Virginia have continued to advocate for abortion rights. In the 2023 United States elections, they campaigned on abortion rights, and as a result, regained full control of the General Assembly. This shift in power followed Governor Glenn Youngkin's promise to institute a 15-week abortion ban if Republicans gained a majority. The dynamic between Democratic efforts to expand abortion access and conservative backlash underscores the contentious nature of the abortion debate in Virginia and across the United States.

Virginia introduced a therapeutic exception in 1950

Virginia's current abortion laws are a result of a long history of legislative, judicial, and clinical changes. The state's abortion laws have been continually evolving, with the most recent significant shift occurring in 2022 when the U.S. Supreme Court overruled Roe v. Wade in Dobbs v. Jackson Women's Health Organization. This ruling returned the power to regulate or even prohibit abortion to the states, and Virginia's laws have since undergone changes.

The introduction of the therapeutic exception in Virginia was part of a broader context of abortion law reform in the United States during the mid-20th century. In the 1950s, media coverage of unsafe and illegal abortions sparked concern, and Planned Parenthood held a conference on the issue, with attendees calling for abortion law reform to improve public health and access to reproductive healthcare. This conference was a bold step toward increasing support for abortion law reform.

The therapeutic exception in Virginia allowed abortion when a woman's physical or mental health was at risk. This exception reflected a similar trend in other states during the 19th and early 20th centuries, where abortion was largely criminalized but allowed under certain circumstances. By 1910, abortion was illegal at every stage of pregnancy in all states, but exceptions were made if a doctor deemed it necessary to save the patient's life.

The introduction of the therapeutic exception in Virginia was a significant step toward recognizing the importance of protecting women's health and regulating abortion practices. It represented a shift from the criminalization and stigmatization of abortion toward a more nuanced approach that considered the complex factors surrounding reproductive healthcare.

The state has a history of abortion clinic arson

Virginia's current late-term abortion laws state that abortion is legal in the state through the second trimester. After this point, abortion is only legal if it is necessary to save the life of the mother or to prevent "substantial and irremediable" impairment of her mental or physical health. Such procedures must be performed in a licensed hospital, with the approval of the mother and three doctors.

The state has a history of anti-abortion violence, including arson. Since the 1970s, there have been at least 196 arsons against abortion providers in the US, with at least one occurring in Virginia. In May 2007, an unidentified person deliberately set fire to a Planned Parenthood clinic in Virginia Beach. In January 2022, a Planned Parenthood clinic in East Tennessee was also targeted by arsonists.

In addition to arson, anti-abortion extremists have committed vandalism, assault, kidnapping, stalking, attempted murder, and murder. Abortion providers and their clinics have been the targets of shootings, bombings, and firebombings. In 2020, there were 54 reports of assault and battery against abortion providers, with anti-abortion individuals also shoving, pushing, tripping, and spitting on clinic escorts, staff, and others outside clinics.

The National Abortion Federation has recorded an increase in threats of death and harm against abortion providers, with 200 such threats in 2020, compared to 92 in 2019.

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