In West Virginia

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

West Virginia prohibits nearly all abortions post-Roe.  W. Va. Code Ann. § 16-2R-3.  Therefore, West Virgnia’s other, lesser limitations and regulations on abortion are no longer necessary. Nonetheless, we have listed them below:

Ban on aborting born-alive abortion survivors. W. Va. Code Ann. § 16-2P-1.

Ban on dismemberment abortions. W. Va. Code Ann. § 16-2O-1.

Ban on abortion of pain-capable children. W. Va. Code Ann. § 16-2M-4.

Ban on abortion because of a disability. W. Va. Code Ann. § 16-2Q-1.

Are there any exceptions to those limitations placed on abortion?

West Virginia’s abortion ban includes exceptions for when the mother’s life is in danger, as well as exceptions for if the fetus is nonviable. It also includes exceptions for rape, and incest up to 8 weeks for adults and 14 weeks for minors, respectively. W. Va. Code Ann. § 16-2R-3.

Then ban on dismemberment abortions contains exceptions to save the mother’s life or to avert serious risk of substantial and irreversible physical impairment of the mother’s major bodily function. W. Va. Code Ann. § 16-2O-1.

The ban on abortion of pain-capable children contains exceptions to save the mother’s life or to avert serious risk of substantial and irreversible physical impairment of the mother’s major bodily function. W. Va. Code Ann. § 16-2M-4.

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)?

Any physician who violates the abortion ban is considered to have acted outside the scope of medical practice and engaged in unauthorized practice of medicine. This is a felony punishable by 1-10 years imprisonment and up to a $10,000 fine. This also subjects offenders to discipline from the applicable state licensing board. These penalties also apply to the “Born-Alive Abortion Survivors Protection Act”. W. Va. Code Ann. § 16-2P-1;  W. Va. Code § 30-3-13.

Violations of the dismemberment ban, pain-capable ban, and disability ban are also considered unauthorized practice of medicine. W. Va. Code Ann. § 16-2O-1; § 16-2M-6; § 16-2Q-1.

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

No one.

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

The physician must perform the abortion of a pain-capable child in the manner which gives the child the best chance to survive. W. VA. Code Ann. §16-2M-4(b).

West Virginia’s “Born-Alive Abortion Survivors Protections Act” requires physicians to “[e]xercise the same degree of reasonable medical judgment to preserve the life and health of the child as a physician would render to any other child born alive at the same gestational age.” W. VA. Code Ann. § 16-2P-1(b)(1)(A).

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

No, notice–but not consent–to one parent is required; however, this state has a method where a minor can obtain permission from the courts to receive an abortion without parental notice or consent. West Virginia’s abortion bans have rendered this provision unnecessary. W. Va. Code Ann. § 16-2F-3.

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

State employees may refuse to offer family planning services because of their religious beliefs. W. Va. Code § 16-2B-4.

Health care providers are not required to honor a patient’s health care decision if it goes against the provider’s sincerely held religious beliefs or moral convictions. W. Va. Code § 16-30-12.

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

Yes, West Virginia’s “Born-Alive Abortion Survivors Protections Act” imposes requirements on physicians in the event a child is born alive during an abortion. W. VA. Code Ann. § 16-2P-1(b)(1)(A)-(B).”

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

No.

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

Counselling and consent are required via West Virginia’s “Women’s Right to Know Act”; however, West Virginia’s abortion ban has rendered this provision unnecessary. W. VA. Code Ann. § 16-2I-2.

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

Yes, a 24-hour waiting period after counseling is required; however, West Virginia’s abortion ban has rendered this provision unnecessary. W. VA. Code Ann. § 16-2I-2.