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§ 18.2-72 When abortion lawful during first trimester of pregnancy

Notwithstanding any of the provisions of § 18.2-71, it shall be lawful for (i) any physician licensed by the Board of Medicine to practice medicine and surgery or (ii) any person jointly licensed by the Boards of Medicine and Nursing as an advanced practice registered nurse and acting within such person’s scope of practice to terminate or attempt to terminate a human pregnancy or aid or assist in the termination of a human pregnancy by performing an abortion or causing a miscarriage on any woman during the first trimester of pregnancy.

History

This law was first created in 1975. The record of its establishment is cataloged in chapters 14 and 15 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1975 “Acts” aren’t available online. It has been modified 2 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 2020, chapters 898 and 899; in 2023, chapter 183.

1975, cc. 14, 15; 2020, cc. 898, 899; 2023, c. 183.

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Court Decisions

Falls Church Med. Ctr., LLC v. Oliver (District Court, E.D. Virginia, 09/26/18)
. . . Henry E. Hudson, Senior United States District Judge . . .

Northern Virginia Women's Medical Center v. Balch (Court of Appeals for the Fourth Circuit, 03/14/80)
. . . BUTZNER, Circuit Judge: . . .

. . . Northern Virginia Women's Medical Center Thomas H. . . . (Court of Appeals for the Fourth Circuit, 03/14/80)
. . . 617 F.2d 1045 . . .

Simopoulos v. Commonwealth (SCV, 04/24/81)
. . . 277 S.E.2d 194 (1981) . . .

Richmond Medical Center for Women v. Gilmore (Court of Appeals for the Fourth Circuit, 06/30/98)
. . . ORDER . . .

Richmond Medical Center For Women v. Gilmore (Court of Appeals for the Fourth Circuit, 06/30/98)
. . . 144 F.3d 326 . . .

Richmond Medical Center for Women v. Gilmore (District Court, E.D. Virginia, 06/25/98)
. . . 11 F.Supp.2d 795 (1998) . . .

Richmond Medical Center for Women v. Gilmore (District Court, E.D. Virginia, 07/16/99)
. . . 55 F.Supp.2d 441 (1999) . . .

Court opinions are provided by CourtListener, which is developed by the Free Law Project.

Amendment Attempts

HB2186: Whole Woman's Health Act; performance of abortions. (failed)

HB980: Abortion; expands who can perform in first trimester, informed consent required. (passed)

SB733: Abortion; expands who can perform in first trimester, informed consent required. (passed)

HB983: Abortion; basis of genetic disorder, sex, or ethnicity prohibited, penalty. (failed)

SB975: Certified nurse midwives, etc.; designation as advanced practice registered nurses. (passed)

HB1713: Jurisdiction of district courts in felony cases; specialty dockets; Behavioral Health Docket Act. (failed)

HB1727: Establishment of parent and child relationship; persons who committed sexual assault. (passed)

HB2505: Termination of parental rights; abused, etc., children or children without parental care, appeals. (failed)

HB73: Juvenile and domestic relations district courts; petitions for relief of care and custody. (passed)

HB245: Jurisdiction of district courts in felony cases; specialty dockets, Behavioral Health Docket Act. (passed)

HB542: Abortion; informed written consent, newborn safety devices.

HB667: Juvenile/domestic rel. district cts.; petition, noncitizen aged 18-21 years for leg. custody/relief. (passed)

HB1302: Jurisdiction of district courts; assault and battery of a family or household member.

SB206: Juvenile and domestic relations district courts; petitions for relief of care and custody. (passed)