Virginia is one of the states where laws do not protect Life after Roe, as the only gestational limitation in its law is a third trimester prohibition with broad exceptions. Although Virginia historically had a strong tradition of protection for life, in recent years political changes have significantly eroded it. The Commonwealth enacted a “Reproductive Health Protection Act” in 2020 that eliminated several statutory protections for mothers and infants, including a 24-hour reflection period and informed consent requirements, and expanded abortion practice to nurse practitioners. Although voters ushered in a new pro-life administration in January 2022, the General Assembly remains closely divided, and so pro-life advocates will need to think strategically and move prudentially to make gains in the next several years.   

Virginia law prohibits partial-birth abortion and provides protection for infants born alive in an abortion, as a component of its conditions on third-trimester abortion. As noted above, as of 2020, informed consent for abortion is only required broadly, with specific protections such as a mandatory counseling period, ultrasound requirements, and information on gestational development, etc. excluded. Both parental notice and notarized consent are required. Licensed physicians and nurse practitioners can perform abortions in the first trimester, and second and third trimester abortions are limited to physicians. Virginia requires reporting of fetal death including abortion. Currently, Virginia law prohibits the use of taxpayer funding for abortion or abortion referrals in most instances, and prohibits insurance companies from covering elective abortion on state exchanges. 

Virginia is one of only two states in the country that employ a legislative selection system for state judges, by which committees of each house evaluate candidates nominated by members of the General Assembly, and the members of the Assembly elect them. This judicial selection system provides a moderate degree of accountability to the People, an important in a state where a large number of voters describe themselves as “pro-life”. According to Ballotpedia, the Virginia Supreme Court leans conservative, with a majority of the justices described as “mildly Republican.” Hence, Virginia does not appear to be vulnerable currently to a state court-based attack from abortion advocates. 

There is currently no active litigation involving any of Virginia’s statutes. In 2019, a federal district court permanently enjoined Va. Code Ann. § 18.2-73 in the context of non-surgical second trimester abortions up to viability. 

AUL’s Unsafe project Virginia’s reports are inconsistent, and the state does not appear to have a substantial regulatory framework in effect for monitoring abortion businesses.

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Virginia Abortion Quick Facts

  • Abortion is legal in Virginia.
  • Virginia limits abortions after 20 weeks gestational age except in cases of life endangerment, severely compromised physical health, rape or incest.
  • Chemical abortion pills are only loosely regulated in Virginia.

Virginia’s Pro-Life Laws Across the Spectrum

Americans United for Life advances the human right to life across the spectrum of issues confronting the dignity of the human person. AUL’s comprehensive analysis of Virginia’s state laws on human life span the full spectrum of life issues from abortion, to health and safety protections, to patient informed consent, to conscience rights and bioethics.

Virginia’s Pro-Life Laws Key

Yes, Virginia has this law and it is enforceable
Virginia has this law in place, but it is currently not in effect due to litigation
No, Virginia has no such law in place
Not Applicable
To Be Determined

State Constitutional Amendments and Statutes¹

Americans United for Life covers broad pro-life laws in this section. This includes both state constitutional amendments and state statutes designed to protect preborn human life. FOCA/RHA (or Freedom of Choice Acts/Reproductive Health Acts) are laws designed to enshrine and expand abortion and abortion businesses.

Constitutional amendment stating no right to abortion
Constitutional amendment preventing state funding of abortion
Conditional law prohibiting abortion when Roe is overturned
Pre-Roe abortion ban that will take effect when Roe is overturned
FOCA/RHA, codifying an abortion right in state law

Mother-Child Gestational and Procedural Protections²

States can protect both mother and child by limiting abortion by gestational age or prohibiting gruesome abortion methods. This category also includes life-saving care requirements for a child born-alive after an abortion, and health and safety requirements for a woman undergoing a chemical abortion.

Gestational protections by age/week for pre-born children
Basic medical care for infant children born alive during attempted abortions
Partial-birth (D&X) abortion ban
Dismemberment (D&E) abortion ban
Telemedicine abortion ban
Follow up scheduled with patient for abortion pills complications

Prenatal Non-Discrimination (PRENDA) Protections

Increasingly states are enacting laws to protect unborn babies from eugenic abortions based on gender, disability, or race. Some states provide life-affirming resources for families who receive a diagnosis of a possible genetic anomaly like Down syndrome so they know that they’ll be supported.

Protection against discrimination based on gender
Protection against discrimination due to prenatal diagnosis
Protection against discrimination based on race
State-provided life-affirming resources for parents and families

Informed Consent Laws

Many states require a woman to give informed consent to an abortion, which holds abortion to a similar standard as other medical procedures. These protections include the disclosure of an abortion procedure’s nature and risks, the performance of an ultrasound to date the pregnancy and allow a woman to meet her unborn child if she chooses, and the time for a woman to reflect on this grave decision.

Basic informed consent for mothers concerning abortion
Patient signature or written confirmation of informed consent from provider
Patient is provided state-sponsored informed consent website/information
Reflection period (24 hours) protecting a mother’s discernment and choice
An ultrasound is required to give a mother the opportunity to meet their child
Information on risks of abortion procedure
Information on the possibility of abortion pill reversal care

Abortion Reporting in Public Health Data

Reporting requirements ensure the government and public have a comprehensive view of abortion in the state when making important public policy decisions. This data includes basic information on instances of abortion, the gestational age of the aborted unborn child, demographics, procedure type, and complications.

Basic reporting on instances of abortion
Abortion reporting includes gestational age data
Abortion reporting includes demographic information
Abortion reporting includes procedure type
Complication reporting
Anonymized/aggregate data is made available to the public
Anonymized/aggregate data is submitted to the CDC

Parental Rights and Protection of Minors

States protect a minor considering abortion by involving her parents in her life-changing decision, but also provide guidelines for judicial bypass to parental involvement when it is necessary. Other laws included in this section are safe haven laws which create a safe pathway to give up an infant and prevent child abandonment, and the dissemination of information on perinatal hospice to parents of unborn children with fetal anomalies.

Parental consent before a minor obtains an abortion
Parental notice of a minor obtaining an abortion
Judicial bypass limits
Mandatory reporting of suspected abuse
Safe haven protections (14 days)
Perinatal hospice resources

Basic Health and Safety Standards

These laws bring abortion businesses up to the health and safety standards of medical facilities. States may limit both chemical and surgical abortion procedures to physicians, require the physician be licensed by the state, and require emergency transfer agreements or admitting privileges for the physician or the facility to protect a patient if she suffers post-abortion complications.

Established health and safety standards for abortion businesses
Basic regulatory inspections for abortion businesses
Only physicians can perform abortions (all methods)
Physicians required to be licensed in the state
Emergency transfer/admitting privilege patient protections
Physician’s license/credentials are disclosed to patients

Legal Recognition of Human Dignity for Preborn Persons

This section covers the ways states recognize the human dignity of unborn children. States increasingly require dignified disposition of fetal remains, whether from abortion or miscarriage. The law may provide for the issuance of a fetal death or stillbirth certificate. States may also protect the dignity of unborn children by prohibiting fetal experimentation and banning the sale or transfer of human fetal remains.

Dignified disposition of fetal remains required
Parents may request dignified disposition
Human fetal death or stillbirth certificate issued to recognize the life of human persons (20 weeks)
Sale or transfer of human fetal remains prohibited
Fetal experimentation banned

Fetal Homicide and Wrongful Death/Life

Fetal homicide laws establish criminal penalties for the death of an unborn child. Wrongful death suits provide a civil cause of action for the death of an unborn child. A prohibition on wrongful life/birth suits affirms that no life is “unwanted.”

Fetal homicide criminalization
Fetal homicide law in place from the moment of conception
Wrongful death suits
Prohibition on wrongful life/birth suits

Assisted Suicide and Patient Care

These laws protect end-of-life patients from physician-assisted suicide, a practice that exploits vulnerable patients, has little government oversight, and undermines modern medicine. The Life-Sustaining Care Act ensures healthcare professionals may not override a minor patient or her surrogate’s decision to obtain or continue life-sustaining care. States with patient nondiscrimination acts protect patients from age or disability discrimination.

Assisted suicide prohibition
Life-sustaining care act
Patient non-discrimination on the basis of age or disability

Bioethics, Human Cloning, and Embryo Research

As medical technology evolves, states increasingly enact pro-life bioethics policies to reaffirm human dignity and ban cloning. These laws also require ethical medical practices, ban destructive embryo research, and regulate assisted reproductive technology.

Bans human cloning
Bans taxpayer funding for human cloning
Bans destructive embryo research
Encourages ethical alternatives to embryo research
Requires informed consent for assisted reproductive technologies
Regulates egg harvesting

Healthcare Freedom of Conscience

These laws protect the freedom of conscience of healthcare professionals, institutions, and pharmacists against forced participation in assisted suicide and abortion. States also safeguard the conscience rights of healthcare professionals and institutions against unethical medical research.

Individuals protected against abortion participation
Public/Private institutions protected against abortion participation
Pharmacists protected against abortion participation
Individuals protected against participation in unethical research
Private/public institutions protected against participation in unethical research
Individuals protected against participation in assisted suicide
Private/public institutions protected against participation in assisted suicide
Pharmacists protected against participation in assisted suicide

Abortion Inspection Initiative

AUL submitted a public records request, under the Virginia Freedom of Information Act, Va. Code Ann. § 2.2-3704 et seq., to the Virginia Department of Health, and through the Office of Licensure & Certification received over several reports. Virginia’s reports are inconsistent, and the state does not appear to have a substantial regulatory framework in effect for monitoring abortion businesses. Cleanliness issues include peeling paint, stained pillow cases in use, dirty machines, medication spatters on the walls, improperly secured cabinet doors, dried blood on the exam light, torn surfaces, and indeterminable stains on surfaces patients would come in contact with. At the Virginia Health Group facility, one staff member (identified as “Staff #7”) could not produce any employee records. Asked whether he/she had a license to practice in the state of Virginia, Staff #7 confirmed he/she had no license, in spite of the fact that Staff #7 was training staff and self-represented as a doctor. Staff at the same facility were observed rehanging a blood-spattered gown for reuse. At Alexandria Women’s Clinic, a doctor was seen performing a vaginal ultrasound without washing his hands. This was a recurring problem at the abortion business, with repeated citations in March 2013 and March 2015.

DATE RANGE: 2012–2019