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West Virginia Abortion Laws

Explanation of Chart and More Information on 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 AbortionAdminister 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 AbortionNecessary to save life of mother or fetus. performed by an M.D.
Penalty for Unlawful AbortionPerforming 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 Requirements24 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-

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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