x
Breaking News
More () »

Virginia 2023 elections: What are the state's abortion laws?

Tuesday marks the first legislative election in Virginia since the U.S. Supreme Court overturned Roe v. Wade, allowing states to enact restrictions on abortion.

NORFOLK, Va. — With 2023's Election Day upon us, abortion is one of the main issues as voters cast their ballots in the Virginia General Assembly races.

It's the first legislative election in Virginia since the U.S. Supreme Court overturned Roe v. Wade, allowing states to enact restrictions on the procedure. Republicans, who are seeking full control of the state legislature, have largely campaigned on a 15-week ban on abortion proposed by Gov. Glenn Youngkin. 

RELATED: Election Day updates: Voting begins across Virginia, candidates fight for state Senate, House seats

Since the high court's decision, Virginia has become the last Southern state without significant restrictions on abortion. Here's a look at where the laws stand.

Abortion lawful in Virginia during first 2 trimesters

Under Virginia law, abortion is lawful within the first and second trimesters, but the procedure is more restricted afterward.

In the third trimester, the physician performing the procedure has to consult with two other physicians to decide if the continuation of the pregnancy would likely result in the death or impair the health of a woman. Additionally, life support measures have to be used if there's any evidence of viability.

RELATED: What would a 15-week abortion ban mean in Virginia? A look through the data

The law states that before any abortion happens, the pregnant woman is required to provide written consent to the person performing the procedure.

When Democrats held Virginia's state government in 2020, they lifted some restrictions on abortion, including a mandatory ultrasound law and a 24-hour waiting period before the procedure.

Republicans have tried to pass abortion restrictions in Virginia

While Youngkin has pushed for a ban, he has said he wants exceptions for rape, incest and saving the life of the pregnant person. He's advocated for this as a middle ground that Virginians can get behind. But the effort hasn't seen much headway in the current General Assembly.

In January, the Democratic-controlled Senate defeated several bills that would have restricted abortion access in the state, including Youngkin's proposed ban. Before the 2023 General Assembly session began, Republican House Speaker Todd Gilbert admitted that movement on the issue wasn't likely this year because of Democratic opposition.

During this year's election cycle, Democrats have largely campaigned on protecting abortion rights in Virginia, arguing that Republicans won't stop at 15 weeks if they win full control.

Before You Leave, Check This Out