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Virginia Abortion Laws

Explanation of Chart and More Information on Abortion Laws

Code Section 18.2-71 to 76.2
Statutory Definition of Illegal AbortionFailure to meet standards for legal abortion; cause or administer drug or other means to woman with intent to destroy unborn child or produce abortion or miscarriage; Partial Birth Abortion: a physician shall not knowingly perform a partial birth abortion that is not necessary to save the life of a mother.
Statutory Definition of Legal AbortionFirst trimester, no restrictions; second trimester, in licensed hospital; third trimester, continuation of pregnancy likely to result in death, physical or mental impairment of mother
Penalty for Unlawful AbortionClass 4 felony: imprisonment 2 to 10 years and/or fine to $100,000; Class 3 misdemeanor: encourage or promote performance of abortion
Consent RequirementsInformed, written consent of mother (if incompetent, written permission from parent or guardian must be obtained)
Residency Requirements for Patients-
Physician Licensing RequirementsAnytime, licensed M.D.; second and third trimesters, licensed hospital; third trimester, attending M.D. and two consulting M.D.s certify medical necessity; if necessary to save mother's life, or substantial and irremediable impairment of mental or physical health of the mother. No condition applies except licensed M.D. Life support for the child must be on hand and used if necessary.

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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