Virginia's Late-Term Abortion Law: Understanding The Complexities

Abortion laws in the United States vary from state to state, with some states restricting the procedure to the point of making it virtually inaccessible. In Virginia, abortion is legal up to the end of the second trimester of 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 certification from three doctors. In 2024, a bill that would have removed restrictions on late-term abortions in Virginia was labelled infanticide by conservatives and failed to pass.

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

Third-trimester abortions are highly restricted in Virginia and are only permitted if the mother's life is at risk or her physical or mental health is substantially and irremediably impaired. This is in line with the Supreme Court decision of Roe v. Wade, which states that governments cannot regulate a woman's decision to have an abortion before the viability of the fetus. After viability, which is generally considered to be around 24-28 weeks, no government can impose a regulation that favors a fetus' life over a mother's.

In Virginia, late-term abortions are only permitted in cases where the continuation of the pregnancy is likely to result in the death of the woman or cause significant and irreversible harm to her mental or physical health. This determination is made by a physician licensed by the Board of Medicine to practice medicine and surgery, and two consulting physicians who must certify and enter their opinion in the hospital record of the woman. The procedure must be performed in a licensed hospital, and life support measures must be available and utilized for the aborted fetus if there is any clearly visible evidence of viability.

The specific restrictions on third-trimester abortions in Virginia reflect a broader national debate on abortion rights and the role of the government in regulating reproductive healthcare. The issue of late-term abortions is particularly contentious, with critics arguing that it amounts to infanticide. However, proponents of abortion rights argue that restrictions on abortion access can lead to unsafe and illegal abortions, which pose higher risks to the mother's health and life.

The history of abortion laws in Virginia has been characterized by continual evolution, with the state aiming to balance the protection of women's lives and the regulation of abortion practices. While therapeutic exceptions were introduced in the late 1800s to allow abortions when the mother's life was in danger, it was not until 1970 that Virginia made significant reforms to its abortion laws, aligning them with evolving legal standards. The legislative landscape continues to shift, with recent proposals seeking to further restrict or ban abortions altogether in the state.

The procedure requires sign-off from one or three doctors

However, a recent Democratic bill sought to change this requirement, allowing late-term abortions with the sign-off of only one doctor, rather than three. This bill sparked a conservative outcry and was labelled as 'infanticide' by critics. The bill failed to pass.

The current law, requiring the sign-off of three doctors, is an example of the stringent abortion regulations that have been in place in Virginia since the late 1800s. These laws were introduced to protect women's lives and regulate abortion practices. Over time, there have been legal shifts that have reshaped Virginia's abortion landscape, with significant reforms taking place in 1970 and again in 1975, with the Bigelow v. Virginia case.

The requirement for multiple physicians' approval for late-term abortions in Virginia reflects the contentious nature of abortion rights and the ongoing debate between pro-life and pro-choice advocates.

Democrats want to allow abortions at any point up until childbirth

In Virginia, abortions are legal until the end of the second trimester of pregnancy, which is up to 28 weeks from a woman's last menstrual period. After this point, abortions are only legal if they take place in a hospital and are deemed necessary for the preservation of the mother's life or physical and mental health. This requires certification from three physicians.

In 2019, a bill was proposed in Virginia's House of Delegates that aimed to loosen the state's abortion laws. The bill would have lowered the number of physicians required to authorize a third-trimester abortion from three to one and removed the "substantial and irremediable" threshold in the law. This threshold refers to the risk to the mother's life being "substantial and irremediable", which is the current language in Virginia law for permitting third-trimester abortions. The bill's sponsor, Democrat Kathy Tran, clarified that her proposed changes would not allow an abortion to be performed during a live birth.

The bill sparked intense backlash from anti-abortion advocates, with critics labelling it "infanticide". Republican lawmakers questioned the scope of the proposal, asking if it would allow a woman who is dilating to get an abortion. Tran initially responded, "My bill would allow that, yes." However, she later retracted this statement, saying she misspoke.

The bill was unsuccessful, and abortion remains illegal in Virginia in the third trimester unless the mother's life is in danger or her physical or mental health is at substantial risk.

The characterisation of Democrats as supporters of abortion during and after a live birth has been deemed inaccurate by fact-checking organisations. While some Democrats may support post-viability restrictions, it is not the consensus opinion.

It is important to note that late-term abortions are rare, and the vast majority of abortions in the US are performed early in pregnancy, with 93.1% occurring at or before 13 weeks of gestation and less than 1% at or after 21 weeks.

Virginia introduced a therapeutic exception in 1950

In 1950, Virginia introduced a legal therapeutic exception, allowing for abortion under specific circumstances, primarily when a woman's physical or mental health was at risk. This was a significant shift, as before 1900, abortion was largely illegal in the state, reflecting a widespread trend in many U.S. states during the 19th and early 20th centuries.

The therapeutic exception in Virginia allowed abortions in cases where the mother's life was in danger or her health was at risk. This legislation aimed to reduce fatalities resulting from unsafe abortion procedures, which were often performed clandestinely due to their illegal status.

The University of Virginia Hospital played a pivotal role in implementing this exception. In 1950, the hospital established a review board responsible for evaluating and approving abortion requests, particularly those grounded in psychiatric reasons. This thorough approval process resulted in a significant decrease in the number of abortions performed at the hospital.

The introduction of the therapeutic exception in Virginia was part of the state's evolving approach to reproductive healthcare. Over time, legal shifts reshaped the abortion landscape in Virginia, starting with significant reforms in 1970 to align its laws with evolving legal standards.

In 1975, the U.S. Supreme Court delivered a pivotal ruling in the case of Bigelow v. Virginia, declaring state bans on abortion clinics advertising their services unconstitutional. This decision ensured that abortion providers in Virginia and across the country could openly communicate and provide information about their services to the public.

The state prohibits abortions in the third trimester

The state of Virginia prohibits abortions in the third trimester, except when continuing the pregnancy poses an imminent danger to the woman's life, as certified by a physician. This requires the certification of three doctors if terminating the pregnancy is deemed necessary due to the likelihood of the patient's death or substantial and irremediable impairment to her mental or physical health.

In the state of Virginia, abortions are only permitted in the third trimester if there is a substantial and irremediable risk to the mother's life. This means that the risk to the mother's life must be significant and unable to be remedied or improved. The state's laws aim to protect the lives of both the mother and the fetus, with the understanding that the fetus is viable outside the womb in the third trimester.

The laws in Virginia reflect a balance between protecting women's lives and regulating abortion practices. The state allows for abortions in the first and second trimesters with fewer restrictions, but places stricter limitations on third-trimester abortions. This is in line with the Supreme Court decision of Roe v. Wade, which states that governments cannot regulate a woman's decision to have an abortion before the viability of the fetus. After viability, which is typically considered to be around 24-28 weeks, the state can no longer impose regulations that favor the fetus' life over the mother's.

The debate around late-term abortion in Virginia has been contentious, with Democrats proposing a bill to remove restrictions on late-term abortions, which was labelled as 'infanticide' by conservatives. The bill sought to allow abortions at any point in pregnancy up until childbirth in certain cases, such as when the mother's physical or mental safety was at risk. It also proposed reducing the number of doctors required to sign off on the procedure from three to one. However, the bill failed to pass.

Virginia's laws on late-term abortion highlight the ongoing debate and evolving nature of reproductive rights in the United States. The state's history with abortion legislation demonstrates a continual evolution of laws and regulations that shape access to reproductive healthcare.

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