State Abortion Laws in Virginia

1. How accessible is abortion in Virginia?


Abortion is legal in Virginia, but access is limited due to various restrictions. Currently, Virginia requires that individuals seeking an abortion must receive state-directed counseling, attend a 24-hour waiting period, and obtain parental consent if under the age of 18. Additionally, many facilities have been unable to meet the guidelines set by the state’s Board of Health, resulting in fewer abortion providers in Virginia.

2. What is the legal gestational limit for abortion in Virginia?


The legal gestational limit for abortion in Virginia is 24 weeks from the first day of the woman’s last menstrual period.

3. Does Virginia require parental involvement for minors seeking an abortion?


Yes, Virginia does require parental involvement for minors seeking an abortion. Minors must obtain written, notarized consent from a parent or guardian before they can receive an abortion.

4. Does Virginia mandate waiting periods before an abortion?


Yes, Virginia does have a mandatory waiting period before an abortion can take place. The waiting period is 24 hours.

5. Does Virginia require the disclosure of any information prior to an abortion?


Yes, Virginia does require the disclosure of certain information prior to an abortion. According to the Virginia Department of Health, women considering an abortion must receive information at least 24 hours prior to the procedure regarding:

-The nature of the proposed procedure
-The immediate and long-term medical risks associated with the procedure
-The probable gestational age and size of the fetus
-The particular risks associated with their own medical condition
-The name of the physician who will perform the procedure
-The availability of ultrasound services
-A list of agencies that offer alternatives to abortion
-A statement that a woman has a right to review printed materials that describe the fetus and its probable anatomical and physiological characteristics
-A statement indicating that it is unlawful for anyone to coerce her into having an abortion
-Information regarding Virginia’s abortion laws.

6. Does Virginia provide public funding for abortion services?


No, Virginia does not provide public funding for abortion services. The state does, however, provide Medicaid coverage for abortion in cases of rape, incest, or life endangerment.

7. Are there any exceptions to the gestational limit in Virginia?


Yes, there are exceptions to the gestational limit in Virginia. In some cases, an abortion may be performed after the gestational limit of 24 weeks if it is determined to be necessary to protect the life or health of the woman.

8. Can a physician or medical facility refuse to provide abortion services in Virginia?


No, a physician or medical facility is not allowed to refuse to provide abortion services in Virginia. Under Virginia law, any physician licensed in the state is allowed to perform abortion services upon request. Similarly, any medical facility that is licensed in Virginia must provide abortion services, if requested.

9. Are there any laws related to medication or surgical abortions in Virginia?


Yes. In Virginia, there are laws related to both medication and surgical abortions. Medication abortions must be performed by a physician licensed in Virginia, and physicians must provide certain information to the pregnant person prior to prescribing the medication. Additionally, medication abortions must only be performed up to the tenth week of pregnancy.

For surgical abortions, the state of Virginia requires that two physicians certify that the procedure is medically necessary in order for it to be performed. Additionally, abortions after the first trimester must be done in a hospital or ambulatory surgical center.

10. Is informed consent required by providers before performing an abortion in Virginia?


Yes, informed consent is required by providers before performing an abortion in Virginia. The Virginia Code § 18.2-76 states that a doctor must provide the patient with information regarding the medical risks of the procedure, alternatives to the procedure, and the probable gestational age of the fetus at least 24 hours before the abortion is performed. Additionally, the patient must sign a written consent form before the abortion is performed.

11. Does Virginia allow for the provision of telemedicine abortion services?


Yes, Virginia does allow for the provision of telemedicine abortion services. The Virginia Board of Medicine has approved a policy allowing for the use of telemedicine for certain abortion services, including medication abortions.

12. Are specific medical facilities required to provide abortions in Virginia?


No. In 2017, a law was passed in Virginia that prohibits any public hospital, health care facility, or clinic from performing abortions unless the procedure is necessary to save the life of the mother, or if the pregnancy is the result of rape or incest.

13. Does Virginia have any regulations regarding the provision of post-abortion care?


Yes, Virginia does have regulations regarding the provision of post-abortion care. According to the Virginia Department of Health, all post-abortion care must be provided in accordance with the state’s medical practice act and must be performed by a licensed physician. In addition, all post-abortion care provided must comply with the applicable standards and guidelines of the American College of Obstetricians and Gynecologists. Additionally, all facilities providing post-abortion care must adhere to any applicable federal and state regulations, including those governing patient rights and informed consent.

14. Does Virginia have any restrictions on abortion protestors near clinics or medical facilities providing abortions?


Yes, Virginia does have restrictions on abortion protestors near clinics and medical facilities providing abortions. The state has laws that prohibit obstructing or interfering with access to reproductive health care facilities, and protesters may not physically approach or harass patients entering or leaving a health care facility. Additionally, the state has created “buffer zones” in which protesters cannot enter or demonstrate within a certain distance of a health care facility.

15. Can health insurance plans cover abortion services in Virginia?


No, health insurance plans in Virginia cannot cover abortion services. The only exception is if the abortion is necessary to save the life of the woman.

16. Are there any requirements for the disposal of fetal tissue after an abortion in Virginia?


Yes. According to the Virginia Department of Health, fetal tissue must be placed in a container for burial, cremation, or interment. The tissue must not be disposed of in any manner that would endanger public health or violate state laws and regulations regarding the disposal of human remains. The container must be labeled “FETAL TISSUE” and must include information about the mother and the date of the procedure.

17. How are fetal remains handled after an abortion in Virginia?


In Virginia, fetal remains must be disposed of in a manner that is consistent with the regulations of the Virginia Board of Health. This includes burial or cremation in a licensed facility, or an incineration process approved by the Department of Environmental Quality. The healthcare provider must provide written guidance to the patient regarding what options are available and the associated costs. In some cases, healthcare providers may make arrangements with a third party to handle disposal in a manner approved by the state.

18. Does Virginia recognize gestational and fetal age based on ultrasound measurements?


Yes, Virginia recognizes gestational and fetal age based on ultrasound measurements. Ultrasound measurements are considered the gold standard for determining gestational and fetal age.

19. Are there any laws related to informed consent for minors seeking an abortion in Virginia?


Yes, there are laws related to informed consent for minors seeking an abortion in Virginia. According to the Virginia Code § 18.2-76, a minor seeking an abortion must obtain a signed written consent from her parent or guardian prior to the procedure. The consent form must also include a statement that the parent or guardian has received a copy of the printed materials provided by the state regarding abortion and the alternatives to abortion. Additionally, if the minor is unable to obtain the consent of a parent or guardian, she may seek a judicial bypass.

20. Is there a judicial bypass process to allow minors to obtain an abortion without parental consent in Virginia?


Yes, Virginia does allow a judicial bypass process for minors who want to obtain an abortion without parental consent. The process requires the minor to petition a court in the county or city where she lives for a judicial bypass. If the court finds that the minor is mature and well-informed enough to make her own decision about the abortion, then it will grant her permission to obtain an abortion without parental consent.