State Legal Snapshot
Abortion law, status, and enforcement — one-page reference
West Virginia enforces a near-total abortion ban with exceptions for life, fatal fetal anomaly, ectopic pregnancy, rape, and incest.
W. Va. Code § 16-2R-3(a) · W. Va. Const. Art. VI, § 57 · GenBioPro, Inc. v. Raynes, No. 23-2194 (4th Cir. July 15, 2025)
West Virginia's legal treatment of fetal personhood contains significant internal contradictions. The criminal fetal-homicide statute (W. Va. Code § 61-2-30) defines an 'unborn child' as 'an embryo or fetus at any stage of development' and makes killing one a separate homicide offense — yet the same statute expressly excludes 'any lawful abortion, as defined in § 16-2R-2 of this code' and 'any act committed by the mother of the unborn child.' The wrongful-death case law (Farley v. Sartin) treats a nonviable fetus as a 'person' for civil recovery, but the same body of law carves out ectopic embryos (Saleh v.
W. Va. Code § 61-2-30 · W. Va. Code § 16-2R-1
A physician must notify one parent, guardian, or conservator of an unemancipated minor at least 48 hours before performing an abortion, with judicial bypass available.
West Virginia has no active statute requiring spousal consent or notice for an abortion; a 2006 bill to require notice to the father died in committee.
| Actor | Offense | Penalty |
|---|---|---|
| Non-licensed person who performs an unlawful abortion | Performing or inducing an unlawful abortion | Felony; determinate sentence of 3-10 years in a state correctional facility |
| Formerly licensed medical professional whose license was revoked who performs a subsequent unlawful abortion | Performing an unlawful abortion after license revocation | Felony; determinate sentence of 3-10 years in a state correctional facility |
| Currently licensed medical professional who violates the UCPA | Unlawfully performing or inducing an abortion | License suspension or revocation by the applicable licensing board |
| Any person who violates the born-alive protection requirements | Failure to provide medical care to a child born alive after an abortion | For non-licensed persons: unauthorized practice of medicine (misdemeanor under § 30-3-13); for licensed professionals: license discipline including possible revocation |
| Person who performs D&E dismemberment abortion (second or subsequent offense) | Dismemberment abortion | Felony; imprisonment for 1-5 years |
SB 85 (2025 Regular Session)
Legislation · Passed Senate April 1, 2025; referred to House Health and Human Resources. Not yet enacted.
Would create specific felony penalties (3-10 years for non-medical professionals) for sending, mailing, or placing abortifacients into commerce directed at West Virginia; would create a private civil cause of action for pregnant women who receive abortifacients unlawfully; would impose mandatory license revocation for medical professionals.
SB 173 (2026 Regular Session)
Legislation · Passed Senate February 13, 2026; pending in House. Not yet enacted.
Would criminalize abortifacient trafficking, impose felony penalties (3-10 years), create civil causes of action, require state contract bans with manufacturers/distributors of abortifacients, and mandate continuing education for medical professionals about chemical abortion risks.
Proposed constitutional amendment for reproductive rights (2025)
Legislation · Introduced by Sen. Joey Garcia and Del. Kayla Young in March 2025. No committee action to date.
Would submit to voters a constitutional amendment recognizing a right to 'make and carry out one's own reproductive decisions,' potentially overriding the current statutory ban and Art. VI, § 57.
The operative near-total abortion ban enacted by HB 302 (2022), including definitions, exceptions, requirements, reporting, licensure action, and born-alive protections.
Establishes felony penalties (3-10 years) for non-licensed and formerly-licensed persons who perform unlawful abortions, and the express mother-exemption from criminal liability.
Provides that nothing in the state constitution protects a right to abortion or requires abortion funding, ratified by voters in 2018.
Mandates 24-hour waiting period, state-scripted counseling, printed materials, ultrasound viewing offer, and 'abortion pill reversal' disclosures.
Requires notice to one parent at least 48 hours before a minor's abortion, with judicial bypass available.
Generated from the structured legal focused deep-research record for WV (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 West Virginia survey. This document has not been reviewed by a lawyer and should not be used as legal advice.