West Virginia Abortion Laws
|Code Section||61-2-8; 16-2F-1, et seq., 33-42-8; §61-2-8 held unconstitutional by Doe v. Charleston Area Medical Ctr., Inc. 529 F.2d 638 (4th Circ. 1975)|
|Statutory Definition of Illegal Abortion||Administer substance or use means with intent to destroy unborn child or produce abortion; unless in good faith to save woman or child. Partial Birth abortion: any person knowingly performing a partial birth abortion other than to save the life of mother endangered by a physical disorder, illness, or injury is guilty of a felony and shall be fined $10,000 to $50,000 and/or imprisoned not more than two years.|
|Statutory Definition of Legal Abortion||Necessary to save life of mother or fetus. performed by an M.D.|
|Penalty for Unlawful Abortion||Performing illegal abortion: felony: imprisonment 3 to 10 years; if mother dies: murder; violation of minor notification requirements: misdemeanor, $500-1,000 fine and/or up to 30 days in county jail|
|Consent Requirements||24 hours actual notice or 48 hours constructive notice to parent/guardian of minor under 18 who has not graduated from high school, minor can petition court for waiver of notification or it may be waived by another M.D. not associated with attending M.D., unless emergency|
|Residency Requirements for Patients||-|
|Physician Licensing Requirements||-|
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