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In Virginia

After Roe, abortion will still be legal in most situations. Hear from The Family Foundation about what’s at stake, and how you can be part of the fight for life. Then, keep reading to find out more about what abortion law would be in your state after Roe.

After Roe, states will have an even greater responsibility to protect life. Partner with your state’s family policy council to ensure that your state is pro-life, from conception all the way to natural death!

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THE BIG QUESTION

After Roe, will my state ban nearly all abortions or allow nearly all abortions?

Virginia will still allow abortions in most situations even after Roe is overturned. Read more about Virginia’s abortion restrictions below.

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WHAT’S NEXT

What is my state’s next step in the fight for life, once Roe is overturned?

Virginia has ground to regain after several years of pro-abortion legislative control. We will seek to restore all previous laws that ensure a woman has full informed consent, including the ability to see her ultrasound and appropriate safety standards in abortion facilities. We will slash all taxpayer funds to the abortion industry and look to pass a ban on abortion from the point an unborn child feels pain.

MORE ABOUT YOUR STATE’S ABORTION LAWS

Below, we’ve summarized what abortion laws would be in your state after Roe.

Abortion Limits, Exceptions and Enforcement

Limitations on abortions

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If my state won’t ban all abortions, what are the limits to abortion?

Virginia allows abortion in all three trimesters. (Va. Code §18.2-72, Va. Code §18.2-73, Va. Code §18.2-74)

During the second and third trimester, the abortion must be performed in a hospital licensed by the State Department of Health or operated by the Department of Behavioral Health and Developmental Services. (Va. Code §18.2-73, Va. Code §18.2-74)

For abortions in the third trimester, Virginia requires the physician and two consulting physicians to affirm that the abortion is necessary to prevent the women’s death or a substantial and irremediable impairment to the woman’s mental or physical health. (Va. Code §18.2-74)

Virginia also has a ban on partial-birth abortion. (Va. Code §18.2-71.1)


Exceptions to any limitations

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Are there any exceptions to those limitations placed on abortion?

The second and third-trimester requirements and the partial-birth ban are not applicable when the abortion, in the opinion of the physician so performing the abortion, is necessary to save the women’s life. Va. Code §18.2-74.1.


Penalties for performing an illegal abortion

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What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?

Violations of the first, second, and third-trimester rules are a class 4 felony. Va. Code §18.2-71.

Those who knowingly perform a partial-birth abortion are guilty of infanticide, a class 4 felony. (Va. Code §18.2-71.1(A))


Enforcement

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When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?

No one.


Special standards of care

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Does my state impose a special medical standard of care on abortion providers?

Yes: During the third trimester, “measures for life support for the [aborted child] must be available and utilized if there is any clearly visible evidence of viability” (Va. Code §18.2-74), except when the abortion is deemed necessary, in the opinion of the physician performing the abortion, to save the mother’s life. (Va. Code §18.2-74.1)


Protecting Fundamental Rights

Parents

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Does my state give parents the right to consent for their child to get an abortion?

Yes: Notice and consent from one parent is required; however, a minor can obtain permission from the courts to receive an abortion without parental notice or consent. Also, notice and consent are not required if the minor declares that she is abused or neglected and the attending physician has reason to suspect abuse or neglect as defined in Va. Code § 63.2-100. The physician must report the suspected abuse or neglect in accordance with § 63.2-1509. If there is a medical emergency, notice and consent will not be required. (Va. Code §16.1-241)


Medical professionals

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Does my state have conscience protections for medical professionals who do not want to participate in abortions?

Yes: A written objection is required which can only be revoked in writing with the facility where that original objection is filed (Va. Code §18.2-75).


Babies Born Alive

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Are there legal protections for babies born alive following a botched abortion in my state?

Yes: during a third trimester abortion only, “measures for life support for the [unborn child] must be available and utilized if there is any clearly visible evidence of viability.” (Va. Code §18.2-74(c)).


Safety & Health of Women

Physician-only requirement

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Does an abortion have to be provided by a licensed physician in my state?

No: For the first trimester, any physician licensed by the Board of Medicine to practice medicine and surgery, or any person jointly licensed by the Boards of Medicine and Nursing as a nurse practitioner and acting within the scope of practice, may perform an abortion. (Va. Code §18.2-72)

For the second and third trimester, an abortion may only be performed by a physician licensed by the Board of Medicine and the procedure has to be performed at a licensed hospital. (Va. Code §18.2-73, Va. Code §18.2-74).


Informed consent

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Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?

Yes: Written consent is required by the woman, or if the woman is incapacitated, then consent must be given by someone authorized and competent. (Va. Code §18.2-76)


Waiting period

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Does my state place any waiting requirement on abortion so that a mother has more time to decide?

No.


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