Abortion laws in West Virginia

Abortion is banned in West Virginia.

Data last updated November 4, 2025.

How far into pregnancy

Abortion is banned at every stage of pregnancy.
Exceptions: to save your life; to protect your physical health (not mental health); if the fetus has a serious or fatal health condition; if the pregnancy is from rape or incest.
Abortion is banned when the reason is a diagnosis of a disability, such as Down syndrome.
A procedure called intact dilation and extraction (D&X) is banned.
A procedure called dilation and evacuation (D&E) is banned.
Good to know: West Virginia’s rape/incest exception is limited to 8 weeks of pregnancy for adults and 14 for minors or incapacitated adults.

If you're under 18, a parent or legal guardian must be told before the abortion.
If you can't involve a parent, you can ask a judge for permission instead. This is called a judicial bypass, and free legal help is available.

Medicaid (public health insurance) pays for abortion in the limited cases federal law requires, and also when your health is in danger or the fetus has a serious health condition.

Breaking the abortion ban is a felony, a serious crime that can mean prison time.
Doctors and other licensed providers who violate the ban can lose their license or face other discipline.
Good to know: Criminal penalties do not apply to licensed medical professionals.
For advice about your own situation, the Repro Legal Helpline offers free, confidential legal help.

This is a summary of state law, not legal advice. Laws change, and an update to this data can also be a correction.