West Virginia

Status of Abortion:

LEGAL

for the mother.

Somewhat ILLEGAL

for abortionists.

West Virginia’s trigger ban (WV Code §61-2-8) went into effect upon the overturn of Roe. The law makes performance of an abortion a felony with a possible penalty of up to 10 years for the abortionist. The law provides exceptions for rape, incest, and medical emergencies (WV Code §16-2R-3). The law protects women who self-manage their abortions:

“This section shall not be construed to subject any pregnant female upon whom an abortion is performed or induced or attempted to be performed or induced to a criminal penalty for any violation of this section as a principal, accessory, accomplice, conspirator, or aider and abettor.”

This means that West Virginia women can order abortion pills online without any possibility of legal penalty.