SB 43 West Virginia Senate · 2026 Regular Session

Removing rape and incest exception to obtain abortion in WV

SB 43 would remove the existing exceptions that allow abortions in cases of rape or incest from West Virginia's abortion law. Currently, these exceptions require victims to report the assault to law enforcement and wait 48 hours before obtaining an abortion. If passed, the bill would eliminate these pathways, meaning abortions would only be permitted for nonviable pregnancies, ectopic pregnancies, or medical emergencies. This change would directly affect individuals who become pregnant due to rape or incest by removing their current legal access to abortion care in those circumstances.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 14, 2026 Last action Jan 14, 2026
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Full legislative history

Actions timeline

Total actions
4
Key actions
0
Committee
2
Jan 14, 2026
Committee
To Health and Human Resources
upper
Jan 14, 2026
Introduced
Introduced in Senate
upper
Jan 14, 2026
Committee
To Health and Human Resources then Judiciary
upper
1 primary · 1 co-sponsor

Sponsors