Virginia

Virginia: The Next Major Abortion Battleground

Virginia currently occupies a unique position in the abortion debate. Virginia permits abortion throughout much of pregnancy and has become a destination state for women seeking abortions from neighboring states with stronger protections for unborn children.

At the same time, Virginia remains one of the few states where voters and lawmakers continue to debate whether additional protections should be enacted for women, girls, parents, and unborn children.

The future of abortion policy in Virginia may ultimately depend on whether voters approve a proposed constitutional amendment that would establish a right to reproductive freedom in the Virginia Constitution.

Virginia’s Current Abortion Laws

Virginia currently allows abortion through the second trimester of pregnancy.

State law generally permits:

Abortion during the first and second trimesters.
Abortion during the third trimester if three physicians certify that continuing the pregnancy is likely to result in the woman’s death or substantially and irremediably impair her physical or mental health.

Virginia also requires:

Informed consent.
A mandatory ultrasound before abortion.
Parental consent for most minors seeking an abortion.
Certain reporting requirements related to abortion procedures.

While Virginia’s abortion laws are less restrictive than many neighboring states, they still contain safeguards that have been eliminated elsewhere.

Proposed Constitutional Amendment

Virginia lawmakers have advanced a constitutional amendment that would establish a right to reproductive freedom in the Virginia Constitution.

Because Virginia’s amendment process requires approval by two separately elected legislatures followed by voter approval, the proposal remains several steps away from taking effect.

If ultimately approved, the amendment would create constitutional protections for decisions involving:

Abortion
Contraception
Fertility treatment
Continuing a pregnancy
Miscarriage care

Supporters argue that the amendment is necessary to protect abortion access from future legislative changes.

Opponents argue that constitutionalizing abortion would make it significantly more difficult to enact future protections for women, girls, parents, and unborn children.

What Would the Amendment Change?

Supporters often describe the proposal as preserving existing rights.

Opponents argue that placing reproductive freedom in the state constitution could have consequences beyond current law.

Potential effects could include:

Increased legal challenges to abortion regulations.
Challenges to parental involvement requirements.
Challenges to informed consent protections.
Greater judicial involvement in abortion policy.
Reduced ability of future legislatures to enact abortion-related safeguards.

Because constitutional rights generally receive greater legal protection than ordinary statutes, courts would likely play a larger role in determining which abortion regulations remain enforceable.

Timeline: How Virginia’s Abortion Laws Have Changed

1970 – Virginia Legalizes Abortion Before Roe

Virginia legalized abortion under certain circumstances several years before the U.S. Supreme Court’s Roe v. Wade decision.

1973 – Roe v. Wade

The Supreme Court establishes a constitutional right to abortion nationwide.

2012 – Health and Safety Regulations Strengthened

Virginia adopted regulations governing abortion facilities and provider standards.

2020–2021 – Abortion Restrictions Reduced

Virginia lawmakers repealed several abortion regulations, including:

The requirement that two physicians certify certain abortions.
Mandatory waiting periods.
Certain counseling requirements.

Supporters viewed these changes as removing barriers to abortion access.

Opponents argued that important safeguards were being dismantled.

2022 – Dobbs Decision

The U.S. Supreme Court overturned Roe v. Wade and returned abortion policy decisions to the states.

Unlike many Southern states, Virginia retained broad access to abortion.

2025–Present – Constitutional Amendment Debate

Virginia lawmakers began advancing a constitutional amendment that could permanently protect abortion and other reproductive decisions under state constitutional law.

What Protections Could Be Affected?

Parental Involvement

Virginia currently requires parental consent before most minors obtain an abortion.

Parents have traditionally been involved in significant medical decisions affecting their children.

Critics of the proposed amendment argue that constitutionalizing abortion rights could invite future legal challenges to parental involvement laws.

Informed Consent

Virginia currently requires women to receive certain information before an abortion.

Supporters of informed consent laws argue that women deserve complete information about risks, alternatives, fetal development, and available resources before making a life-altering decision.

Health and Safety Regulations

Virginia maintains regulations governing abortion providers and facilities.

Supporters argue these regulations help protect women and ensure accountability when complications occur.

What Does Abortion Through the Second Trimester Mean?

Virginia permits abortion at stages of pregnancy when unborn children have developed far beyond the earliest weeks of life.

Development at 20 Weeks

By 20 weeks:

All major organs have formed.
The baby’s heart has been beating for months.
Fingers, toes, and fingerprints are fully developed.
The baby can swallow, yawn, stretch, and respond to touch.
Parents often learn the baby’s sex during the routine anatomy ultrasound.

Development at 22 Weeks

By 22 weeks:

Eyelashes and eyebrows are visible.
The baby can hear sounds from outside the womb.
Sleep and wake cycles begin to emerge.
The lungs continue developing.
Some babies born at this stage have survived with intensive medical care.

How Are Abortions Performed Later in Pregnancy?

Abortions performed during the second trimester are typically conducted using a procedure known as dilation and evacuation (D&E).

The procedure generally involves:

Dilating the cervix over a period of hours or days.
Using suction and surgical instruments to remove the fetus and pregnancy tissue from the uterus.
Because the fetus is significantly larger at this stage of development, the procedure often involves removing fetal remains in multiple pieces.
Examining the remains afterward to ensure that all fetal tissue has been removed.

Questions Every Virginian Should Ask

Should abortion policy be determined primarily by elected lawmakers or constitutional litigation?
What safeguards currently protect women and girls?
How are abortion complications tracked and reported?
What protections exist for minors facing pressure or coercion?
What information should women receive before an abortion?
What role should parents play in major medical decisions involving their minor children?
What protections should exist for unborn children as they continue to develop throughout pregnancy?

Why This Matters

Virginia is one of the last major battleground states on abortion in the South.

The debate is no longer simply about whether abortion should be legal. The question is whether abortion rights should be permanently embedded in the Virginia Constitution and whether future lawmakers should retain the ability to enact safeguards involving parental rights, informed consent, health and safety standards, and protections for unborn children.

Regardless of one’s position on abortion, understanding what Virginia law currently allows—and what a constitutional amendment could change—is essential for making informed decisions about the future of the Commonwealth.

What Could Change?

If a reproductive freedom amendment is ultimately approved by Virginia voters:

Abortion rights would receive constitutional protection.
Courts would likely play a larger role in evaluating abortion regulations.
Future legislatures could face greater obstacles when attempting to enact new abortion-related safeguards.
Existing protections involving parental involvement, informed consent, and health and safety regulations could become the subject of constitutional challenges.

Supporters view these changes as necessary to preserve reproductive freedom.

Opponents argue they could weaken important safeguards that protect women, girls, parents, and unborn children.

Regardless of one’s position, the outcome of Virginia’s constitutional amendment debate could shape abortion policy in the Commonwealth for generations to come.