West Virginia Legislature Outlaws Abortion

The West Virginia Legislature has now passed House Bill 302, outlawing abortion in West Virginia, with limited exceptions.

The Senate passed the bill by a vote of 22 to 7 with 5 members absent. The bill then moved to the House of Delegates, which passed it by a vote of 77 to 17 with six members absent.

The bill included exceptions for fetal anomalies, medical emergencies and non-viable fetuses. It also has a provision in cases of rape or incest — with certain contingencies. Any abortion performed must be done so in a hospital within eight weeks for adults and 14 weeks for minors.

In instances of legal abortion, the procedure is limited to M.D.s and Doctors of Osteopathic Medicine. Doctors who perform an abortion as part of a medical emergency would not be penalized.

There will be no felony penalties for doctors or pregnant women, but the law would make it a felony for anyone who performs an abortion who is not a licensed professional.