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

During the 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 second and 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)

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

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”. If the child shows signs of viability, life support is required. (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) (Va. Code §18.2-73, Va. Code §18.2-74)

What are the penalties for 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 performs a partial-birth abortion are guilty of infanticide, a class 4 felony. (Va. Code §18.2-71.1(A))

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

Individuals cannot enforce their rights with a lawsuit. However, local Commonwealth Attorneys can bring charges based on felonies.

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. However, neither consent nor judicial authorization nor notice shall be required if the minor declares that she is abused or neglected and the attending physician has reason to suspect that the minor may be an abused or neglected child as defined in § 63.2-100 and reports the suspected abuse or neglect in accordance with § 63.2-1509; or if there is a medical emergency, in which case the attending physician shall certify the facts justifying the exception in the minor's medical record. (Va. Code §16.1-241)

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).

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

In some cases. During a third-trimester abortion, “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(c))

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

No. During 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 such person’s scope of practice may perform an abortion. (Va. Code §18.2-72)

For the second and third trimesters, it must 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).

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 of the woman, or if the woman is incapacitated, then consent must be given by someone authorized and competent. However, there is no ultrasound requirement and no requirement that any written materials be provided, as these were removed during the 2020 General Assembly Session. (Va. Code §18.2-76)

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

No. Virginia used to have a 24-hour wait period that was removed during the 2020 General Assembly Session.