Understanding Virginia’s Abortion Law: What’s Legal in 2025

Virginia continues to stand out as one of the few Southern states where abortion remains widely accessible. In 2025, the state maintains legal access through most of the second trimester, along with protective measures for patients and providers. Here’s a full overview of Virginia’s current abortion laws.

Abortion Access Before and After Viability

• Abortions are legal up to approximately 25 to 26 weeks of pregnancy.
• After that point, the procedure is permitted only if three physicians agree that continuing the pregnancy would result in the patient’s death or cause severe, irreversible mental or physical harm.
• In recent years, Virginia repealed mandatory ultrasound requirements, counseling sessions, and waiting periods, making the process more accessible.

Minor Consent and Judicial Bypass

• Individuals under 18 must get written parental consent to undergo an abortion.
• A parent, legal guardian, or adult in loco parentis must provide this notarized consent.
• There is a judicial bypass option for minors who cannot involve a parent. The court typically delivers a decision within four business days, and appeals can be expedited.
• Exceptions apply in cases of abuse, neglect, or medical emergencies where parental involvement may be waived.

Providers and Legal Protections

• Licensed providers—including physicians, nurse practitioners, physician assistants, and certified nurse-midwives—can offer abortion services, particularly in early stages.
• Virginia law protects these providers from legal action while practicing within the state’s regulations.
• With increased restrictions in neighboring states, Virginia has become a regional hub for abortion care, with a sharp rise in patients seeking services here.
• Health professionals from restrictive states are relocating to Virginia to continue offering reproductive healthcare.

Constitutional Protections in Progress

• In 2025, the Virginia General Assembly approved a proposed constitutional amendment declaring reproductive freedom a fundamental right, including abortion access.
• To become law, the amendment must pass again in the next legislative session and be approved by voters in a 2026 referendum.
• Some opponents argue the amendment could override parental rights and allow late-term procedures beyond current legal limits.

Final Thoughts

Virginia remains a key state for reproductive rights in 2025. Its legal framework allows access while ensuring safety and protections for patients and medical providers.

As political debates continue, especially over the proposed constitutional amendment, residents will have a chance to vote on the future of abortion access in the upcoming election cycle.

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