Virginia Abortion Law: Effective Date And What To Expect

Abortion laws vary across the United States, with Virginia's legislation undergoing several changes in recent years. In 2020, Virginia repealed several medically unnecessary restrictions on abortion access, and abortion is currently legal in the state. However, Virginia does not offer legal protection for abortion and has some restrictions in place, including a ban on abortions after 26 weeks and 6 days of pregnancy. This ban was instituted in 2019 and marked a significant shift in the timeline for legal abortion procedures in the state.

Virginia abortion law history

The history of abortion laws in Virginia has been a dynamic one, with the state's legislation reflecting societal attitudes and legal standards of the time. Here is a detailed overview of the evolution of Virginia's abortion laws:

Early History

Before 1900, abortion was largely illegal in Virginia, much like many other U.S. states during the 19th and early 20th centuries. Abortion was viewed as a criminal act, and state laws prohibited it. However, by 1950, a significant shift occurred with the introduction of a legal therapeutic exception. This exception allowed for abortion under specific circumstances, primarily when a woman's physical or mental health was at risk. The University of Virginia Hospital played a pivotal role in this change by establishing a review board in 1950 to evaluate and approve abortion requests, particularly those grounded in psychiatric reasons.

Reform and Landmark Cases

In the late 1800s, Virginia, like many other states, implemented bans on abortion with therapeutic exceptions. These exceptions were designed to protect women's lives and regulate abortion practices, allowing abortions when the mother's life was in danger.

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

A landmark case in 1975, 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.

Recent Developments

In more recent times, Virginia has continued to introduce regulations impacting abortion access. By 2007, the state implemented detailed abortion-specific informed consent requirements. In 2013, Virginia enacted Targeted Regulation of Abortion Providers (TRAP) laws, imposing stringent requirements on abortion clinics, private doctor's offices, and medication-induced abortions. These laws sparked debates about their impact on abortion access and healthcare more broadly.

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

Presently, Virginia law prohibits abortions in the third trimester, except when continuing the pregnancy poses a danger to the woman's life, as certified by a physician. This requires the agreement of three doctors if the termination is deemed necessary to prevent the patient's death or substantial and irremediable mental or physical health impairment.

In February 2024, the Virginia House rejected a bill that would have instituted a near-total abortion ban, reflecting the ongoing evolution of abortion laws in the state.

Current abortion access in Virginia

Abortion is legal in Virginia up to the end of the second trimester of a pregnancy. In 2024, the Virginia House rejected a bill that would have instituted a near-total abortion ban. Abortion is accessible in Virginia, but without legal protection.

Virginia law 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. Virginia limits public funding for abortion.

Virginia requires that one parent, grandparent, or adult sibling with whom a minor lives gives permission for an abortion, and that one parent, grandparent, or adult sibling with whom a minor lives is told of the minor's decision 24 hours before the abortion takes place. A judge can excuse a minor from both of these requirements.

Virginia does not require a person seeking an abortion to attend a counseling session or go through a waiting period before getting an abortion.

In 2020, Virginia repealed several medically unnecessary restrictions on abortion access, including removing a mandatory 24-hour waiting period and biased counseling requirement, and authorizing physicians and certain advance practice clinicians (APCs) to provide abortion care.

In 2021, Virginia passed a law that removes a prohibition on state exchange insurance coverage of abortion.

In 2019, Virginia passed legislation banning abortion after the 25th week of pregnancy.

Virginia abortion restrictions

Virginia's abortion laws have been through several changes in recent years. In 2020, the state repealed several medically unnecessary restrictions on abortion access. However, abortion in Virginia is still subject to various restrictions.

Abortion is legal in Virginia during the first and second trimesters. During the first trimester, there are no restrictions. During the second trimester, abortions are restricted to licensed hospitals. After the second trimester, abortions are only legal if the continuation of the pregnancy is likely to result in the death of the pregnant person, or substantial and irremediable mental or physical health impairment. In such cases, the procedure must be performed in a licensed hospital, with the agreement of the primary physician and two consulting physicians.

Virginia law requires women seeking abortions to obtain the informed, written consent of the mother. If the woman is deemed incompetent, written permission from a parent or guardian must be obtained. State-directed counselling is also required, and there is a mandatory 24-hour waiting period before the procedure. Additionally, women must undergo a transvaginal ultrasound prior to the procedure, and this ultrasound must be obtained at least 24 hours before the abortion if the woman lives within 100 miles of the provider.

Virginia's targeted regulation of abortion providers (TRAP) laws include requirements related to facilities. Providers who violate Virginia's abortion restrictions may face civil and criminal penalties.

In 2017, Virginia designated January 22 as the "Day of Tears" to mourn the anniversary of Roe v. Wade, indicating the state's preference to ban abortion. However, in 2020, Virginia enacted the Reproductive Health Protection Act, which repealed several TRAP provisions, removed a mandatory 24-hour waiting period, and authorised physicians and certain advance practice clinicians (APCs) to provide abortion care.

Virginia abortion law and minors

In the state of Virginia, abortion will remain accessible but without legal protection. Virginia law generally requires that a parent or "authorized person" be notified before a minor's abortion and consent to it. An "authorized person" is defined as a parent or duly appointed legal guardian or custodian of the minor or a person standing in loco parentis, including, but not limited to, a grandparent or adult sibling with whom the minor regularly resides and who has care and control of the minor.

Alternatively, a judge can approve a minor's petition for an abortion without parental consent. After a hearing, a judge shall issue an order authorizing a physician to perform an abortion without the consent of any authorized person if the judge finds that the minor is mature enough and well-informed to make their abortion decision independently or that the abortion is in the minor's best interest. The minor may participate in the court proceedings on their own behalf, and the court may appoint a guardian ad litem for the minor.

In the case of medical emergencies, neither consent nor judicial authorization is required if the minor declares that they are abused or neglected, and the attending physician has reason to suspect and reports the suspected abuse or neglect.

It is important to note that Virginia law prohibits abortion after viability, except when performed by a licensed physician in a licensed hospital with three physicians certifying that continuing the pregnancy will result in the death or impaired mental or physical health of the pregnant person.

Virginia abortion law and mental health

Virginia's abortion laws have been through several changes in recent years. In 2020, the state repealed many medically unnecessary restrictions on abortion access. However, abortion remains inaccessible in Virginia without legal protection.

Virginia law prohibits abortion after viability, with some exceptions. The procedure can be performed after viability if carried out 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 Virginia abortion law that addresses mental health is Section 18.2-74 of the Code of Virginia, which states that abortion is lawful after the second trimester of pregnancy if:

• 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, in their medical opinion, the continuation of the pregnancy is likely to result in the death of the woman or substantially and irremediably impair her mental or physical health.
• 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.

This law allows for abortion after the second trimester in cases where the pregnant person's mental health is at risk, as long as the above conditions are met.

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