Virginia 2023 Regular Session

Virginia Senate Bill SB1385

Introduced
1/11/23  

Caption

Abortion; when lawful, 15-week gestational age, exceptions, penalty.

Impact

If enacted, SB1385 would alter existing laws concerning abortion practices and procedures in Virginia, increasing the legal obligations on physicians regarding consent for minors. It enforces a judicial process for minors seeking abortions without parental consent, potentially leading to delays in obtaining care. While the bill supports the notion that minors may need protective measures before undergoing such procedures, it also raises concerns about accessibility to timely and necessary healthcare. The requirement for court authorization may pose logistical challenges and could deter some minors from pursuing abortions, complicating their reproductive choices further.

Summary

SB1385, also referred to as the Pain-Capable Unborn Child Protection Act, aims to regulate the circumstances under which abortions can be performed, particularly focusing on the gestational age of the fetus. The bill stipulates that abortions are permissible only until the 15th week of gestation, except in cases involving medical emergencies or instances of rape or incest. Before performing an abortion on an unemancipated minor, physicians must obtain either consent from a parent or legal guardian or, alternatively, secure judicial authorization if consent is not available. This reflects a significant shift towards stricter regulations regarding abortion procedures involving minors and could impact how minors seek reproductive healthcare.

Contention

Opposition to SB1385 primarily centers on concerns about access to healthcare for minors and the implications of requiring judicial consent for medical procedures. Advocates for reproductive rights argue that such requirements infringe upon the rights of individuals to make personal medical decisions and could lead to emotional and physical harm due to delays. Supporters of the bill, however, contend that it establishes necessary safeguards for vulnerable populations. This debate reflects a broader national discourse on reproductive rights, individual autonomy, and parental involvement in healthcare decisions. The bill's passage may embolden further legislative efforts to regulate reproductive health, influencing future legislative sessions.

Companion Bills

No companion bills found.

Previously Filed As

VA HB901

An Act to amend and reenact §§ 16.1-241, 19.2-152.13, 19.2-152.14, and 19.2-152.16 of the Code of Virginia, relating to substantial risk orders; eligible petitioners; substantial risk factors and considerations; court jurisdiction; constructive possession of firearms; penalty.

VA SB883

Firearms; purchase, etc., assault and battery of family member or intimate partner, penalties.

VA HB1869

Firearms; purchase, etc., assault and battery of family member or intimate partner, penalties.

VA SB778

Juveniles; adjudication of delinquency, when and how child may be taken into immediate custody.

VA HB2766

Protective orders; violation of child protective order, penalties.

VA HB19

An Act to amend and reenact §§ 16.1-228 and 18.2-308.1:8 of the Code of Virginia, relating to purchase, possession, or transportation of firearm; assault and battery of a family or household member or intimate partner; penalties.

VA HB637

Possession of residue of a controlled substance unlawful; penalties exceptions.

VA HB2936

Children; Oklahoma Gestational Agreement Act; intended parent; gestational agreement; crimes; Oklahoma Adoption Code; placement; effective date.

VA HB667

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

VA HB667

An Act to amend and reenact §§ 16.1-228, 16.1-241, and 63.2-100 of the Code of Virginia, relating to juvenile and domestic relations district courts; jurisdiction; definitions; petition by noncitizen aged 18 to 21 years for legal custody.

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