Abortion in West Virginia

Abortion in West Virginia is illegal[1] except in cases of rape or incest (under 14 weeks), fatal fetal abnormalities, and when the mother’s life is at risk from a pregnancy.

No person, by reason of any act mentioned in this section, shall be punishable where such act is done in good faith, with the intention of saving the life of such woman or child.In Roe v. Wade (1973), the Supreme Court of the United States ruled that states could no longer regulate abortion in the first trimester.

[9][10]) Following this, the above statute was declared unconstitutional by the Fourth Circuit Court of Appeals in Doe v. Charleston Area Medical Center (1975).

[13] Earlier editions of the script labelled the psychological risks as "post-traumatic stress disorder", in addition to containing scientifically unsupported warnings about a link between abortion and breast cancer.

[14][15][16] In March 2015, the West Virginia legislature overrode a veto from governor Earl Ray Tomblin to pass "The Pain-Capable Unborn Child Protection Act", outlawing abortions more than 20 weeks into a pregnancy.

[12][19] In July 2022, Dean Jeffries (politician), Rolland Jennings, Mark Dean (politician), Michael Honaker, Guy Ward, Ruth Rowan Phil Mallow, Evan Worrell, Don Forsht, and George Miller authored House Bill 302,[1] a total abortion ban with exceptions for medical emergency, and rape or incest when under 14 weeks.

[23] North Dakota, Wyoming, Mississippi, Louisiana, Kentucky, and West Virginia were the only six states as of July 21, 2017, not to have a Planned Parenthood clinic that offered abortion services.

[27] But the 2023 American Values Atlas reported that, in their most recent survey, 57% of West Virginians said that abortion should be legal in all or most cases.

[17] Following the overturn of Roe v. Wade on June 24, 2022, hundreds of abortion rights protesters gathered in Charleston,[39] Huntington,[40] Fairmont,[41] and Shepherdstown.

[42] Abortion rights protesters gathered and rallied at the West Virginia State Capitol for several days in July and August.