March 17, 2022

West Virginia Legislature Passes Discriminatory Abortion Ban

West Virginia legislators voted on March 12 to pass legislation protecting babies with prenatal diagnoses from discriminatory abortions. The "Unborn Child with Down Syndrome Protection and Education Act" now goes to the desk of West Virginia Gov. Jim Justice.

The law prohibits abortions decided because an unborn child is diagnosed with a disability or disorder. It includes exceptions for medical emergencies, or if the child has “a life-threatening physical condition that, in reasonable medical judgment, regardless of the provision of life-saving medical treatment, is incompatible with life outside the womb.”

Under this law, abortionists must submit a statement from the mother verifying that her reason for the abortion is not because of a disability the child has.

Finally, the legislation takes several steps that would provide parents with important information should their unborn child be diagnosed with a disability. This includes educational information about the disability, treatment options, and what support services exist. Parents would also be provided contact information for relevant education, support, and disability rights organizations.

Physicians who violate the law could have their medical licenses suspended.

Interestingly, the bill includes "severability" language indicating that if one part of the legislation is struck down by courts, other parts of the law can be enforced alone. This language makes the bill more resistant to lawsuits submitted by pro-abortion activists.