State Protections

West Virginia law does not include express constitutional or statutory protections for abortion. To the contrary, in November 2018, West Virginia’s voters approved a ballot initiative that added the following language to the state constitution: “Nothing in this Constitution secures or protects a right to abortion or requires the funding of abortion.”¹

Restrictions

On September 13, 2022, West Virginia began enforcing its total ban on abortion, which prohibits abortion at all stages of pregnancy, except in the reasonable medical judgment of a licensed medical professional there is a nonviable embryo or fetus, ectopic pregnancy, or medical emergency.² Adult survivors and victims of rape and incest can obtain abortions up to eight weeks of gestation, but only if they report to law enforcement at least 48 hours prior to the abortion.³ Survivors and victims who are minors have until 14 weeks of gestation to obtain an abortion and must report to either law enforcement or get medical treatment for the sexual assault or incest.⁴ On July 15, 2025, the U.S. Court of Appeals for the Fourth Circuit issued a ruling stating that the FDA’s approval of mifepristone did not preempt the state’s total ban as applied to medication abortion.⁵

West Virginia has not repealed other laws related to abortion. West Virginia law prohibits D&X and D&E procedures,⁶ although a district court found the ban on D&X unconstitutional.⁷ West Virginia also prohibits abortions sought because of a disability diagnosis⁸ and prohibits public funding of abortion care.⁹ Pregnant people must also undergo a mandatory twenty-four-hour waiting period, biased counseling, and an ultrasound.¹⁰ West Virginia continues to require that a parent or legal guardian is notified about a minor’s abortion;¹¹ alternatively, a judge can approve a minor’s petition without parental notification.¹² A law enacted in 2023 would allow certain bans and restrictions to take effect immediately if the state’s total ban is judicially determined to be unconstitutional.¹³

West Virginia’s targeted regulation of abortion providers (TRAP) laws include reporting requirements.¹⁴ The state restricts providers from using telemedicine to provide abortion care.¹⁵ Providers who violate West Virginia’s abortion bans may face civil and criminal penalties.¹⁶

Historical Restrictions

Following the U.S. Supreme Court’s decision to overturn Roe v. Wade in Dobbs v. Jackson Women’s Health Organization,¹⁷ West Virginia officials claimed the state’s 1849 pre-Roe criminal abortion ban was in effect.¹⁸ However, providers challenged the ban¹⁹ and a state court granted a preliminary injunction preventing enforcement of the pre-Roe ban.²⁰ In 2022, the West Virginia legislature’s total ban supplanted the pre-Roe ban with a modern statute with its own criminal penalties²¹ and the Supreme Court of Appeals then dismissed the Attorney General’s repeal of the preliminary injunction as moot.²²

Conclusion

Now that the Supreme Court has overturned Roe, West Virginia has enacted a total ban on abortion.