Governance

Like Guam, the U.S. Virgin Islands (USVI) has no constitution and is governed by an Organic Act, which was first enacted in 1954.^[1]48 U.S.C. § 1541 et seq. Despite convening five different constitutional conventions, the USVI has not adopted a local constitution. In 1968, Congress amended the Organic Act to extend both due process and equal protection rights to the USVI.^[2]Id. § 1561.

Restrictions

USVI criminal law generally prohibits abortion at twenty-four weeks^[3]14 V.I.C. §§ 151, 152. and requires abortion after twelve weeks to be performed in a hospital.^[4]Id. § 151 (b)(2). The territory restricts the provision of abortion care to licensed physicians.^[5]Id. § 151(b). USVI law allows a physician to notify a parent or legal guardian about a minor’s abortion without the minor’s consent.^[6]19 V.I.C. §§ 291 (a), 292 (c). The solicitation of patients for abortion is prohibited.^[7]14 V.I.C. § 153

Protections

USVI law does not protect abortion.

Post-Roe Prohibitions

USVI does not have a pre-Roe ban.

Conclusion

Now that the Supreme Court has overturned Roe, abortion will remain accessible in the U.S. Virgin Islands (USVI), but without legal protection. USVI criminal law does not include express protections for abortion, and USVI has not adopted a local constitution.