Abortion law in West Virginia bans the procedure at every stage of pregnancy, with only a few narrow exceptions: a medical emergency, a nonviable pregnancy, an ectopic pregnancy, or a pregnancy resulting from rape or incest that meets strict reporting and timing rules. The governing statute is the Unborn Child Protection Act, signed as House Bill 302 on September 16, 2022.1West Virginia Legislature. Enrolled House Bill 302 Any permitted abortion must be performed in a hospital by a licensed physician with admitting privileges.
When Abortion Is Allowed
The statute permits an abortion only when a licensed physician (MD or DO), using reasonable medical judgment, determines that one of these applies:2West Virginia Legislature. West Virginia Code 16-2R-3 – Prohibition to Perform an Abortion
- The pregnancy creates a serious risk of death or substantial, life-threatening impairment of a major bodily function. Psychological and emotional conditions do not qualify, and a claim that the patient intends self-harm does not count.
- The embryo or fetus has a lethal anomaly that makes survival outside the womb impossible.
- The pregnancy is ectopic. Treatment for ectopic pregnancy is listed as its own standalone exception, separate from the medical emergency category, so patients and physicians do not need to justify it under the emergency rule.
The partial-birth abortion procedure is prohibited under any circumstance, even where another exception would otherwise permit an abortion.2West Virginia Legislature. West Virginia Code 16-2R-3 – Prohibition to Perform an Abortion
Rape and Incest
Pregnancies resulting from rape or incest can be terminated only within tight windows, and the rules differ by age:2West Virginia Legislature. West Virginia Code 16-2R-3 – Prohibition to Perform an Abortion
- For adults, the abortion must occur within the first eight weeks of pregnancy. The patient must report the rape or incest to a law enforcement agency at least 48 hours before the procedure and give that report to the physician who will perform it.
- For minors and incapacitated adults, the limit is 14 weeks. The patient can either file a law-enforcement report or obtain medical treatment for the assault from a licensed medical professional or hospital. If the patient uses the medical-treatment path, the provider who treated the assault cannot be the one to perform the abortion.
Once the eight-week or 14-week window closes, the exception no longer applies, no matter when the crime was reported.
Where and How an Allowed Abortion Must Happen
Only a licensed physician (MD or DO) with admitting privileges at a West Virginia hospital may perform an abortion, and all surgical abortions must take place in a hospital.1West Virginia Legislature. Enrolled House Bill 302 State-owned hospitals are barred from offering the procedure, so only private hospitals with willing providers can be used even when an exception applies. State and local government funds cannot pay for abortion services except where federal law requires it; under the Hyde Amendment, Medicaid covers abortion only in cases of life endangerment, rape, or incest.
Informed Consent and Waiting Period
Under the Women’s Right to Know Act, a patient must receive specific information at least 24 hours before the procedure, covering medical risks, gestational age, risks of carrying to term, and alternatives. A physician or designated licensed medical professional can provide this information in person or by telephone. If an ultrasound is performed, the patient has the right to view or decline to view the image, though the law does not require an ultrasound.3West Virginia Legislature. West Virginia Code 16-2I-2 – Voluntary and Informed Consent A medical emergency waives the 24-hour wait and the consent requirements.
Rules for Minors
When an unemancipated minor obtains an abortion under one of the medical exceptions, the physician or their agent must notify a parent, guardian, or custodian within 48 hours after the procedure, in person or by telephone.4West Virginia Legislature. West Virginia Code 16-2R-5 – Requirements When an Abortion Is Performed on an Unemancipated Minor This is notification, not consent; a parent does not have to approve the procedure in advance.
A minor who does not want a parent or guardian notified can petition the circuit court for a judicial bypass. The petition can be filed in the county where the minor lives or where the abortion would be performed, the court will appoint an attorney if she cannot afford one, and the proceedings are confidential. The court must waive notification if it finds the minor mature enough to decide on her own or that notification is not in her best interest.5West Virginia Legislature. West Virginia Code 16-2F-4 – Judicially Approved Waiver of Notice A denial can be appealed to the West Virginia Supreme Court of Appeals.
Medication Abortion and Pills by Mail
Medication abortion using mifepristone and misoprostol is effectively unavailable in West Virginia. The ban applies to all methods, and the hospital-plus-admitting-privileges requirement rules out the standard protocol, which typically involves taking pills at home after a telehealth or office visit. Although the FDA finalized a 2023 rule allowing certified pharmacies to dispense mifepristone by mail and permitting telehealth prescriptions, the FDA’s own labeling limits this to “where permitted by law,” so those expanded access rules have no practical effect in the state.
In the 2026 legislative session, the West Virginia Senate passed Senate Bill 173, which would specifically criminalize mailing or delivering abortion medications into the state, create civil liability for companies that distribute them, and allow relatives or the father of the unborn child to sue the person or company responsible.6West Virginia Legislature. Committee Substitute for Committee Substitute for Senate Bill 173 As of early 2026, SB 173 has passed the Senate and is pending in the House Judiciary Committee. It is not yet law.
Traveling Out of State
The constitutional right to travel between states applies to traveling for an abortion. Justice Kavanaugh wrote in the Dobbs decision that a state may not bar a resident from traveling to another state for the procedure, and the U.S. Department of Justice has argued in federal court that the right to interstate travel is firmly embedded in Supreme Court precedent and that states cannot prevent third parties from helping someone exercise it.7United States Department of Justice. Justice Department Files Statement of Interest in Case on Right to Travel to Access Legal Abortions
Several neighboring states allow abortion under broader circumstances. If you travel to a state where the procedure is legal, that state’s law governs. A number of states have enacted shield laws protecting providers, and sometimes telehealth prescribers, from out-of-state subpoenas, arrest warrants, and investigations originating in restrictive states. West Virginia has not enacted any law penalizing residents who travel out of state for an abortion.
Your medical records from that out-of-state care are also protected. A HIPAA Privacy Rule update, with full compliance required by February 16, 2026, bars hospitals, insurers, and other covered entities from disclosing protected health information for the purpose of investigating or imposing liability on someone for seeking, obtaining, providing, or facilitating reproductive health care that was lawful where it was provided. Law enforcement requests that could relate to reproductive care must now be accompanied by a signed attestation confirming the request is not for a prohibited purpose before any information can be released.8HHS.gov. HIPAA Privacy Rule Final Rule to Support Reproductive Health Care Privacy Fact Sheet
Contraception Is Not Banned
The Unborn Child Protection Act states expressly that it does not prohibit intrauterine devices, other contraceptive devices, or generally accepted contraceptive medicines and drugs when provided to a patient not known to be pregnant and solely for contraceptive purposes.1West Virginia Legislature. Enrolled House Bill 302 Emergency contraception such as Plan B is not covered by the ban because it is used before a pregnancy is established.
Who Faces Penalties
Pregnant patients are explicitly exempt from criminal prosecution. The statute makes clear that no pregnant person can be charged as a principal, accessory, accomplice, or conspirator for an abortion performed on her.9West Virginia Legislature. West Virginia Code 61-2-8 – Abortion Penalty
A licensed physician who knowingly and willfully performs an unauthorized abortion faces mandatory license revocation. The word “shall” in the statute leaves the board no discretion.10West Virginia Legislature. West Virginia Code 16-2R-7 – Licensure Action Anyone who is not a licensed medical professional, or whose license has already been revoked, faces felony charges carrying three to 10 years in prison for performing or attempting an abortion.9West Virginia Legislature. West Virginia Code 61-2-8 – Abortion Penalty
One federal wrinkle is worth flagging. The Emergency Medical Treatment and Labor Act requires Medicare-funded hospitals to stabilize emergency patients, which can conflict with narrow state exceptions. The Supreme Court dismissed the Idaho EMTALA case (Moyle v. United States) in June 2024 without ruling on the merits, and a federal appeals court in the Texas case held the state ban prevails over EMTALA. For now, West Virginia’s own medical emergency exception is the standard providers in the state have to work within.
Where to Get Help
Traveling out of state costs money on top of the procedure, and several national organizations help cover it. The National Abortion Federation’s hotline (1-800-772-9100) provides referrals to quality providers and limited assistance for procedure and travel costs. The National Network of Abortion Funds connects patients with local funds that help with lodging, transportation, childcare, and translation.
For legal questions about West Virginia’s law, the ACLU of West Virginia has been actively involved in reproductive rights litigation, including an ongoing federal challenge to HB 302 (Women’s Health Center of West Virginia v. Sheth). The West Virginia State Bar’s Lawyer Referral Service (1-304-558-7991) can connect you with attorneys who handle healthcare law. Because this area of law is changing quickly, getting current advice before making decisions is worth the call.