Politics & Government

West Virginia Governor Signs Near-Total Ban On Abortion

Under the new bill, rape and incest victims can obtain abortions but must report the assault to law enforcement.

Abortion rights supporters demonstrate outside the Senate chamber at the West Virginia state Capitol on Tuesday in Charleston.
Abortion rights supporters demonstrate outside the Senate chamber at the West Virginia state Capitol on Tuesday in Charleston. (Chris Dorst/Charleston Gazette-Mail via AP)

CHARLESTON, WV — Gov. Jim Justice on Friday signed a bill banning nearly all abortions in West Virginia except under certain medical circumstances or in cases of rape or incest.

Justice received the bill after the West Virginia Legislature passed the ban earlier this week, making the state one of several to enact sweeping abortion restrictions since the U.S. Supreme Court struck down Roe v. Wade in June, ending almost a half-century of federal protection of women's reproductive rights.

"I said from the beginning that if WV legislators brought me a bill that protected life and included reasonable and logical exceptions, I would sign it," Justice said in a statement. "And that's what I did today."

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Under the new bill, adult rape and incest victims can obtain abortions at up to eight weeks of pregnancy while minor victims have until 14 weeks.

In order to terminate a pregnancy, victims must report the assault to law enforcement within 48 hours of getting an abortion, and a patient must present a copy of a police report or notarized letter to a physician before the procedure can be performed.

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The bill also includes exceptions including if the embryo or fetus is nonviable, a medical emergency exists, or an ectopic pregnancy occurs.

The bill also states that surgical abortions can only be performed at a state-licensed hospital by a physician with hospital privileges. Anybody else who performs an abortion, including nurse practitioners and other medical professionals, could face three to 10 years in prison. A physician who performs an illegal abortion could lose their medical license.

The ban goes into effect immediately. Criminal penalties will start in 90 days.

Justice said he's "proud that I signed it and I believe wholeheartedly that it does one thing that is absolutely so important — it does protect life," according to a CNN report.

Early last month, India became the first state post-Roe v. Wade to pass a bill that places sweeping restrictions on abortion and put in place a near-total ban on the procedure. The law went into effect Thursday.

Sen. Lindsey Graham this week introduced a bill that would federally ban abortions after 15 weeks of pregnancy. Graham's bill came just weeks after he and most Republicans defended the Supreme Court’s decision to overturn Roe, saying states should be allowed to make decisions on the issue.


RELATED: Indiana Passes Near-Total Ban On Abortion, First Since Roe's Fall


The Associated Press contributed to this report.

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