Virginia Abortion Law: Understanding The Recent Changes

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 abortion legislation has evolved from a near-total ban on the procedure in the 19th and early 20th centuries to a more nuanced approach that allows abortions under specific circumstances. While abortion is currently legal in Virginia, there are restrictions in place, such as a ban on abortions after 26 weeks and 6 days of pregnancy, and requirements for parental consent for minors seeking an abortion. Virginia's laws also include provisions for informed consent and place some limitations on public funding for abortions. The state's history of abortion legislation reflects a continuous evolution of laws and regulations that have shaped access to reproductive healthcare.

Abortion in Virginia is legal up to the end of the second trimester

The laws surrounding abortion in Virginia have evolved significantly over time. Before 1900, abortion was largely illegal in the state, reflecting the broader trend across the United States during the 19th and early 20th centuries. However, by 1950, Virginia introduced a legal therapeutic exception, allowing abortion under specific circumstances, particularly when a woman's physical or mental health was at risk.

In 1975, a landmark case, Bigelow v. Virginia, saw the U.S. Supreme Court rule that state bans on abortion clinics advertising their services were unconstitutional. This decision ensured that abortion providers in Virginia and across the country could openly communicate about their services to the public.

Virginia's abortion laws have continued to evolve, with various regulations introduced over time. In 2007, the state implemented informed consent requirements, ensuring individuals seeking abortions were provided with specific information before the procedure. In 2013, Virginia passed Targeted Regulation of Abortion Providers (TRAP) laws, imposing stringent requirements on abortion clinics, private doctor's offices, and medication-induced abortions.

In 2020, Virginia repealed several TRAP provisions, removed mandatory waiting periods, and authorized physicians and certain advanced practice clinicians to provide abortion care.

While abortion is legal in Virginia up to the end of the second trimester, there are some additional restrictions in place. Virginia law prohibits the D&X method of abortion and limits public funding for abortion. Parental notification and consent are also required for minors seeking abortions, although a judge can approve a minor's petition without parental involvement.

Virginia law prohibits abortion after viability

Abortion after viability may be permitted if it is performed by a licensed physician in a licensed hospital, and if three physicians certify that the continuation of the pregnancy will result in the death of the pregnant person or substantially and irremediably impair their mental or physical health. In such cases, measures for life support must be available and utilised if there is any clearly visible evidence of the foetus's viability.

The prohibition on abortion after viability is part of Virginia's broader abortion laws, which allow abortion up to the end of the second trimester. Abortion is also permitted after the second trimester if the above conditions are met. Additionally, Virginia law includes several other restrictions on abortion access, such as a ban on the D&X method of abortion and limits on public funding for abortion.

The state's abortion laws have evolved over time, with significant reforms taking place in 1970, 2013, 2019, and 2020. Virginia's legislative history on abortion reflects a continual evolution of laws and regulations that have shaped access to reproductive healthcare.

Virginia has some restrictions on abortion access

Virginia law requires that a parent or "authorized person" be notified prior to a minor's abortion (VA. CODE ANN. § 16.1-241(w)) and consent to it (VA. CODE ANN. § 32.1-264). Alternatively, a judge can approve a minor's petition (VA. CODE ANN. § 16.1-241(w)). Virginia's targeted regulation of abortion providers (TRAP) laws include requirements related to facilities (VA. CODE ANN. § 18.2-73; VA. ADMIN. CODE § 5-412-370 (repealed 2020)) and reporting (VA. CODE ANN. § 32.1-264).

Providers who violate Virginia abortion restrictions may face civil and criminal penalties (e.g., VA. CODE ANN. §§ 18.2-71-71.1). Additionally, Virginia law does not include express constitutional or statutory protections for abortion. In 2017, the state enacted House Resolution 268, indicating its policy preference to ban abortion by designating January 22 as the "Day of Tears" to mourn the anniversary of Roe v. Wade.

On the other hand, in 2020, Virginia enacted the Reproductive Health Protection Act, repealing several TRAP provisions, removing a mandatory 24-hour waiting period and biased counseling requirement, and authorizing physicians and certain advanced practice clinicians (APCs) to provide abortion care (SB 733, HB 980, 2020). In 2021, Virginia passed a law removing a prohibition on state exchange insurance coverage of abortion (SB 1276, HB 1896, 2021). Virginia also protects clinic safety by prohibiting trespassing (VA. CODE ANN. § 18.2-119).

Virginia does not require counselling or a waiting period before an abortion

Abortion laws in Virginia have evolved over time, with the state previously implementing bans on the procedure with therapeutic exceptions. In 1970, Virginia underwent significant reforms to its abortion laws, aligning with evolving legal standards. While abortion is legal in Virginia, the state does impose certain restrictions. Notably, Virginia does not require counselling or a waiting period before an abortion.

Virginia's approach to abortion counselling and waiting periods sets it apart from many other states. In most states, individuals seeking an abortion are mandated to undergo counselling and then wait for a specified duration before the procedure. This often necessitates two separate trips to the facility, which can be challenging for those with limited resources or living far from a clinic. However, Virginia has chosen not to impose such requirements, allowing individuals to make their own decisions without mandatory counselling or delays.

The absence of mandatory counselling and waiting periods in Virginia reflects a respect for individual autonomy in reproductive healthcare decisions. Individuals can choose to seek counselling if they wish, but it is not a compulsory step in the process. This approach recognises that each person's situation is unique and that the decision to have an abortion is deeply personal. By not imposing a waiting period, Virginia also ensures that individuals can access abortion services without unnecessary delays, which can be crucial in time-sensitive situations.

While Virginia does not mandate counselling before an abortion, it is important to highlight that informed consent is still required. The state's laws require individuals to provide consent for medical treatments, and this consent must be "informed." This means that patients must possess the capacity to make decisions, participate voluntarily, and receive adequate and appropriate information about the procedure. However, Virginia's abortion laws do not include mandatory counselling sessions or waiting periods as part of this informed consent process.

In conclusion, Virginia's abortion laws stand out for their lack of mandatory counselling and waiting periods. This approach empowers individuals to make their own decisions about reproductive healthcare without imposed delays or compulsory counselling sessions. While informed consent is still necessary, Virginia's laws demonstrate a trust in individuals to make their own choices regarding abortion without additional requirements.

Virginia requires parental consent for abortions for those under 18

Virginia's abortion laws have evolved over time, with the state currently allowing abortions up to the end of the second trimester of pregnancy. While abortion is legal in Virginia, the state does have certain restrictions in place, including a ban on abortions after 26 weeks and 6 days of pregnancy.

One notable aspect of Virginia's abortion laws pertains to parental consent for minors. For individuals under the age of 18, Virginia requires that one parent, grandparent, or adult sibling who the minor lives with gives permission for an abortion. Additionally, the same or another parent, grandparent, or adult sibling who the minor lives with must be notified of the decision 24 hours before the abortion is carried out.

It is important to highlight that a judge can excuse minors from both the consent and notification requirements through a process known as "judicial bypass." This option is available for minors who may have concerns about involving their parents or guardians. Organizations like Planned Parenthood offer resources and support to help minors navigate this process and make informed decisions regarding abortion.

The parental consent requirement in Virginia is part of a broader context of abortion laws in the state, which also include exceptions for abortions after 26 weeks and 6 days to protect the life and health of the pregnant individual. Virginia's abortion laws reflect the ongoing legal and political debates surrounding reproductive rights and access to abortion across the United States.

Frequently asked questions