Virginia Code

Va. Code Ann. § 18.2-76 (2026)

Informed written consent required

✓ current as of May 2026
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Before performing any abortion or inducing any miscarriage or terminating a pregnancy as provided in § 18.2-72, 18.2-73, or 18.2-74, the physician or, if such abortion, induction, or termination is to be performed pursuant to § 18.2-72, either the physician or the advanced practice registered nurse authorized pursuant to clause (ii) of § 18.2-72 to perform such abortion, induction, or termination shall obtain the informed written consent of the pregnant woman. However, if the woman has been adjudicated incapacitated by any court of competent jurisdiction or if the physician or, if the abortion, induction, or termination is to be performed pursuant to § 18.2-72, either the physician or the advanced practice registered nurse authorized pursuant to clause (ii) of § 18.2-72 to perform such abortion, induction, or termination knows or has good reason to believe that such woman is incapacitated as adjudicated by a court of competent jurisdiction, then only after permission is given in writing by a parent, guardian, committee, or other person standing in loco parentis to the woman, may the physician or, if the abortion, induction, or termination is to be performed pursuant to § 18.2-72, either the physician or the advanced practice registered nurse authorized pursuant to clause (ii) of § 18.2-72 to perform such abortion, induction, or termination perform the abortion or otherwise terminate the pregnancy.

Code 1950, § 18.1-62.1; 1970, c. 508; 1972, c. 823; 1975, cc. 14, 15; 1979, c. 250; 1997, c. 801; 2001, cc. 473, 477; 2003, c. 784; 2012, c. 131; 2020, cc. 898, 899; 2023, c. 183.

Notes of Decisions
Cited in 8 cases, 1981–2019 · leading case: Ayotte v. Planned Parenthood of N. New Eng., 546 U.S. 320 (2006).
Ayotte v. Planned Parenthood of N. New Eng., 546 U.S. 320 (2006). “2005); Va. Code Ann. § 18.2-76 (2004); W. Va. Code § 16 -2F-5 (Lexis 2001); Wis.”
EMW Women's Surgical Ctr. v. Andrew Beshear, 920 F.3d 421 (6th Cir. 2019). “Code § 41-41-34 ; Va. Code § 18.2-76. Ten require doctors to offer the patient the chance to view the ultrasound image if they perform one.”
Planned Parenthood of the Heartland & Jill Meadows v. Kimberly K. Reynolds ex rel. State of Iowa & Iowa Bd. of Med., 915 N.W.2d 206 (Iowa 2018). “); Va. Code Ann. § 18.2-76 (B) (West, Westlaw through 2017 Reg.”
Simopoulos v. Commonwealth, 277 S.E.2d 194 (Va. 1981). · cites it 2× “§ 18.2-76. 8. Any person who promotes or induces the performance of a *1067 process prohibited by Article 9 is guilty of a Class 3 misdemeanor.”
Ayotte v. Planned Parenthood, 546 U.S. 320 (2006). “2005); Va. Code Ann. § 18.2-76 (2004); W. Va. Code § 16 -2F-5 (Lexis 2001); Wis.”
Falls Church Med. Ctr., LLC v. Oliver, 346 F. Supp. 3d 816 (E.D. Va. 2018). · cites it 13× “) 6 Finally, Plaintiffs question the so-called "Two-Trip Mandatory Delay Law," Va. Code Ann. § 18.2-76 (B)-(C), as another example of the statutory scheme "restricting abortion while targeting, marginalizing, and impeding the healthcare professionals *822 who provide abortion…”
Winchester Mem'l Hosp., Inc. v. Boyce, 10 Va. Cir. 541 (Frederick Cir. Ct. 1984). · cites it 3× “Related to one or more of these issues is any significance which can be attributed to the fact that § 18.2-76, Code 1950, a criminal statute on abortion, was amended by Acts 1979, c.”
EMW Women's Surgical Ctr. v. Andrew Beshear (6th Cir. 2019). “Code § 41-41-34; Va. Code § 18.2-76. Ten require doctors to offer the patient the chance to view the ultrasound image if they perform one.”
— Va. Code Ann. § 18.2-76(C) — 1 case
Falls Church Med. Ctr., LLC v. Oliver, 346 F. Supp. 3d 816 (E.D. Va. 2018). “) 6 Finally, Plaintiffs question the so-called "Two-Trip Mandatory Delay Law," Va. Code Ann. § 18.2-76 (B)-(C), as another example of the statutory scheme "restricting abortion while targeting, marginalizing, and impeding the healthcare professionals *822 who provide abortion…”
— Va. Code Ann. § 18.2-76(G) — 1 case
Falls Church Med. Ctr., LLC v. Oliver, 346 F. Supp. 3d 816 (E.D. Va. 2018). “) 6 Finally, Plaintiffs question the so-called "Two-Trip Mandatory Delay Law," Va. Code Ann. § 18.2-76 (B)-(C), as another example of the statutory scheme "restricting abortion while targeting, marginalizing, and impeding the healthcare professionals *822 who provide abortion…”
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