Virginia Code
Va. Code Ann. § 18.2-73 (2026)
When abortion lawful during second trimester of pregnancy
✓ current as of May 2026
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Notwithstanding any of the provisions of § 18.2-71 and in addition to the provisions of § 18.2-72, it shall be lawful for any physician licensed by the Board of Medicine to practice medicine and surgery, 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 second trimester of pregnancy and prior to the third trimester of pregnancy provided such procedure is performed in a hospital licensed by the State Department of Health or operated by the Department of Behavioral Health and Developmental Services.
Notes of Decisions
Cited in 7
cases, 1981–2018 · leading case: Simopoulos v. Virginia, 462 U.S. 506 (1983).
Simopoulos v. Virginia, 462 U.S. 506 (1983). “" Va. Code § 18.2-73 (1982). The Virginia abortion statute itself does not define the term "hospital.”
Simopoulos v. Commonwealth, 277 S.E.2d 194 (Va. 1981). “§ 18.2-73. 4. In the third trimester, the abortion process is lawful if: (a) it is performed by a licensed physician in a licensed hospital; (b) three physicians certify of record that a continuation of the pregnancy is likely to cause the woman to die or suffer substantial and…”
Richmond Med. Ctr. for Women v. Gilmore, 11 F. Supp. 2d 795 (E.D. Va. 1998). “Under Va. Code § 18.2-73, it is lawful to perform an abortion during the second trimester of pregnancy, the only limitations being that the abortion be performed by a licensed physician in a hospital licensed by the State.”
Richmond Med. Ctr. for Women v. Gilmore, 55 F. Supp. 2d 441 (E.D. Va. 1999). “Under Va. Code Ann. § 18.2-73 , it is lawful to perform an abortion during the second trimester of pregnancy, the only limitations being that the abortion be performed by a licensed physician in a hospital licensed by the State.”
Sawyer v. Childress, 12 Va. Cir. 184 (Norfolk Cir. Ct. 1988). “In Virginia under § 18.2-73 1 the Criminal Code provides that there cannot be any criminal sanctions upon the physician if the physician performs an abortion in the second trimester of pregnancy in a hospital setting.”
Falls Church Med. Ctr., LLC v. Oliver, 346 F. Supp. 3d 816 (E.D. Va. 2018). “Va. Code Ann. § 18.2-73 . As a result, any such procedure must be performed in a facility that qualifies and meets the regulatory requirements of an outpatient surgical hospital.”
Reffat K. Abofreka, M.D. v. Virginia Bd. of Med. (Va. Ct. App. 2007). “Code § 18.2-73; see also Simopoulos v. Virginia, 462 U.”
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