State Legal Snapshot
Abortion law, status, and enforcement — one-page reference
Virginia permits abortion freely through the first and second trimesters (~26 weeks 6 days LMP); after the second trimester, abortion is lawful only in a hospital with three-physician certification of life or health endangerment.
Va. Code Ann. § 18.2-73
Virginia's legal regime contains a significant internal tension between its permissive abortion framework and its fetal-protection statutes. On one hand, the Code permits abortion for any reason through the second trimester (~27 weeks), treats the woman as outside the reach of the criminal abortion statute, and has systematically repealed restrictions (waiting period, ultrasound, TRAP licensing) to reduce barriers. On the other hand, the same Code treats the fetus as a homicide victim 'regardless of the duration of pregnancy' when killed by a third party (Va. Code § 18.2-32.2, as construed in Lawrence v.
Va. Code Ann. § 18.2-32.2(A)
An unemancipated minor must obtain notarized written consent from an authorized person (parent, guardian, or adult with care and control) or a court order; exceptions exist for abuse/neglect and medical emergency.
Virginia has no statute on the books requiring spousal or paternal consent or notice for an abortion.
| Actor | Offense | Penalty |
|---|---|---|
| Physician (unlawful abortion) | Producing abortion or miscarriage outside lawful pathways, Va. Code § 18.2-71 | Class 4 felony: 2–10 years imprisonment, fine up to $100,000 |
| Physician (partial birth infanticide) | Knowingly performing partial birth infanticide, Va. Code § 18.2-71.1(A) | Class 4 felony: 2–10 years imprisonment, fine up to $100,000 |
| APRN (abortion beyond first trimester) | Producing abortion or miscarriage outside lawful first-trimester pathway, Va. Code § 18.2-71 | Class 4 felony: 2–10 years imprisonment, fine up to $100,000 |
| Provider (failure to obtain informed consent) | Failure to obtain informed written consent, Va. Code § 18.2-76(H) | Civil penalty only (not criminal) |
| Any person (encouraging/promoting prohibited abortion) | Encouraging or promoting prohibited abortion, Va. Code § 18.2-76.1 | Class 3 misdemeanor: fine only (max $500) |
Virginia Right to Reproductive Freedom Amendment (2026)
Ballot measure · Passed first legislative passage (2025); requires second passage in 2026 General Assembly before November 3, 2026 ballot.
If adopted by voters, the Virginia Constitution would be amended to add Article I, § 11-A, establishing a 'fundamental right to reproductive freedom' including decisions about 'prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and infertility care.' The amendment would permit regulation of abortion in the third trimester except where medically indicated to protect the life or physical or mental health of the pregnant individual.
Falls Church Medical Center v. Oliver — post-dismissal effect of injunction
Litigation · No active proceeding; the district court's 2019 injunction striking the second-trimester hospital requirement was never reviewed on appeal; its continued enforceability is legally uncertain.
If a new administration or prosecutor sought to enforce the hospital requirement in § 18.2-73, litigation would likely revisit whether the district court's 2019 injunction survived the voluntary dismissal of the appeal and whether the statute is constitutional post-Dobbs.
2026 Shield Law Legislation (anticipated)
Legislation · With Governor Spanberger's election and continuing Democratic majorities, new shield-law bills are expected in the 2026 session.
Would prohibit Virginia agencies from cooperating with out-of-state abortion investigations, bar extradition for abortion-related charges, and protect Virginia-licensed providers from adverse actions by other states.
Baseline criminal prohibition: Class 4 felony for producing abortion or miscarriage, which all other abortion provisions build from.
The three lawful pathways: first trimester (physician or APRN), second trimester (physician in hospital), third trimester (physician in hospital with three-physician certification of life/health endangerment).
Partial birth infanticide/D&X ban, with express exclusion of D&E and express mother exemption.
Informed written consent requirement; previously contained waiting period and ultrasound mandate, now stripped to basic consent.
Encouraging or promoting prohibited abortion — Class 3 misdemeanor; largely unenforceable after Bigelow v. Virginia (1975).
Generated from the structured legal focused deep-research record for VA (research completed 2026-07-12). This snapshot condenses a much larger sourced dataset — full citations, quoted statutory text, and plain-language explanations are in the full Virginia survey. This document has not been reviewed by a lawyer and should not be used as legal advice.