Virginia's Abortion Law: Recent Changes And Implications

Abortion laws in the US vary from state to state, and in Virginia, abortion is legal through the second trimester. In the third trimester, abortion is only legal if it is necessary to save the life of the mother or to preserve her health. Virginia law also requires women seeking abortions to undergo a transvaginal ultrasound of their fetus prior to the procedure. The state also has a 24-hour waiting period and requires state-directed counseling before the procedure. In 2020, Virginia repealed several medically unnecessary restrictions on abortion access.

Virginia abortion law permits the procedure during the first and second trimesters

Abortion laws have been a contentious issue in Virginia, especially after the U.S. Supreme Court overturned Roe v. Wade in 2023, giving states the power to restrict abortions. Virginia's abortion laws have been through several changes, with the most recent updates occurring in 2020 and 2023.

During the second trimester, abortions are also lawful, but there are additional requirements. According to § 18.2-73 of the Virginia Code, abortions during this period must be performed by a physician licensed by the Board of Medicine to practice medicine and surgery. Additionally, the procedure must be carried out in a hospital licensed by the State Department of Health or operated by the Department of Behavioral Health and Developmental Services. This particular provision was enacted in 1975 and has remained in place since then.

While Virginia law permits abortions during the first two trimesters, there are some important considerations. Firstly, the law generally prohibits abortions after foetal viability, which is typically considered to begin in the third trimester, unless specific conditions are met. These conditions include performing the abortion in a licensed hospital, with three physicians certifying that continuing the pregnancy will result in the pregnant person's death or a substantial and irreversible impairment of their mental or physical health.

In 2020, Virginia made significant strides towards improving abortion access by repealing several medically unnecessary restrictions. These included removing a mandatory ultrasound law and a 24-hour waiting period before the procedure. However, it's important to note that abortion remains a sensitive topic in Virginia, and the state has not included express constitutional or statutory protections for it.

Abortions are allowed in the third trimester if the pregnancy endangers the mother's life or health

Abortion is a safe and common medical procedure, with about 1 in 4 women in the US having an abortion by the time they are 45 years old. In Virginia, abortion is legal and accessible, but without explicit legal protection. The state repealed numerous medically unnecessary restrictions on abortion access in 2020.

In Virginia, abortions are allowed in the third trimester if the pregnancy endangers the mother's life or health. This is a critical protection for pregnant people, as continuing the pregnancy could result in death or substantial and irremediable harm to their mental or physical health. This exception ensures that individuals can make decisions about their health and well-being and receive necessary medical care.

Virginia law requires that abortions in the third trimester be performed in a licensed hospital by a licensed physician. Additionally, two consulting physicians must certify and enter into the hospital record that, based on their best clinical judgment, continuing the pregnancy will likely result in the death of the pregnant person or significantly and irreparably impair their mental or physical health. This multi-physician certification process ensures a thorough evaluation of the patient's medical situation and needs.

The state's abortion laws also mandate the availability and utilisation of life support measures for the aborted fetus if there is any clearly visible evidence of viability. This provision further underscores the importance Virginia places on protecting the potential life of the fetus while also safeguarding the life and health of the pregnant person.

While Virginia does not require parental consent for minors seeking abortions, it does require that one parent, grandparent, or adult sibling with whom the minor lives gives permission for the procedure. Additionally, the same person must be notified of the minor's decision at least 24 hours before the abortion takes place. However, a judge can excuse the minor from these requirements if necessary.

The state requires parental consent for minors seeking abortions

In the state of Virginia, minors seeking abortions are required to obtain consent from their parent, guardian, or another "authorized person". This individual must also be notified of the minor's decision at least 24 hours before the abortion takes place. The state's laws specify that this notification must come from the minor themselves. However, in cases where minors may not feel comfortable or safe involving their parents, they can seek permission from a judge through a "judicial bypass". This process is completely confidential and free of charge.

The judicial bypass allows minors to obtain permission for an abortion from a judge if they are unable to obtain parental consent. To receive this approval, minors must demonstrate that they have thoughtfully considered all their options and are mature enough to make this decision independently. Alternatively, they can show that an abortion is in their best interest. The judicial bypass process is intended to be fast, typically taking only a few days, and all records are kept confidential.

In Virginia, abortions can be performed up to 13 weeks and 6 days into a pregnancy, after which abortions become much harder to access due to increased costs and limited providers in the state. Minors seeking abortions must obtain parental consent, judicial approval, receive counseling, and have an ultrasound completed before this deadline.

While abortion remains accessible in Virginia, it is without legal protection. The state has removed several medically unnecessary restrictions on abortion access, including a mandatory 24-hour waiting period and biased counseling requirements. However, Virginia law generally prohibits abortion after viability, unless performed by a licensed physician in a licensed hospital, and with certifications from consulting physicians.

Virginia law demands women seeking abortions undergo a transvaginal ultrasound before the procedure

In 2012, Virginia became the seventh state to require an ultrasound before a woman can obtain an abortion. The bill exempts women who have been raped or are victims of incest, as long as the incident has been reported to the police.

The bill was signed into law by Virginia Governor Bob McDonnell, who initially supported a more invasive procedure—a transvaginal ultrasound. However, after facing widespread criticism, he revised the proposal, stating:

> "Having looked at the current proposal, I believe there is no need to direct by statute that further invasive ultrasound procedures be done... Mandating an invasive procedure in order to give informed consent is not a proper role for the state."

The law faced opposition from pro-abortion advocates, who referred to it as "state-required rape". However, pro-life advocates applauded the bill, with Americans United for Life CEO Dr. Charmaine Yoest stating that ultrasounds are the "gold standard of medical care".

In 2024, a federal judge upheld the law, along with Virginia's "physician-only law", which bars nurse practitioners and physician's assistants from performing abortions. The ruling came in response to a lawsuit challenging four Virginia laws that opponents argued restricted access to abortion in the state.

Abortion providers who violate Virginia's abortion restrictions may face civil and criminal penalties

Virginia law generally prohibits abortion after viability, unless performed by a licensed physician in a licensed hospital with three physicians certifying that the continuation of the pregnancy will result in the death of the pregnant person or impair their mental or physical health. The law also prohibits the D&X method of abortion and limits public funding for abortion.

In addition, Virginia law requires that a parent or "authorized person" be notified prior to a minor's abortion and consent to it. Alternatively, a judge can approve a minor's petition.

The specific penalties for violating Virginia's abortion restrictions may vary depending on the nature of the violation and the circumstances involved. However, abortion providers who violate these restrictions may be subject to civil lawsuits, criminal charges, or both.

Virginia's abortion laws are outlined in the Code of Virginia, specifically in Title 18.2, which pertains to Crimes and Offenses. Within this code, Article 9 pertains specifically to abortion and sets forth the penalties for violations. For example, performing an abortion after viability or using prohibited methods may result in criminal charges, including Class 4 felonies in some cases.

It's important to note that while abortion remains accessible in Virginia, it does so without legal protection. The state has indicated its preference to ban abortion, as evidenced by its enactment of House Resolution 268 in 2017, designating January 22 as the "Day of Tears" to mourn the anniversary of Roe v. Wade.

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