Abortion Care That is 100% Legal.

Sadly, due to the US Supreme Court reversal of Roe vs Wade and the subsequent bans enacted upon women's bodies, some of Virginia Women's Wellness's patients are traveling to us from states where abortion is now banned or limited to early gestations. This includes women from North Carolina, South Carolina, Georgia, Florida, Alabama, Tennessee, Louisiana, West Virginia, and Texas. People from these states are often understandably concerned and worried that they may be breaking the law and could face possible legal consequences in their state, if they have an abortion. This Web Page is written to address this issue for our traveling patients concerned about legal issues. So, for the many women who live in a state where abortion is banned or limited, and who may choose to travel to Virginia Women's Wellness to obtain abortion care, this page is for you.

First, elective abortion is still 100% completely legal in the State of Virginia. So, any abortion you obtain in Virginia is legal. The laws of your home state do not apply when you cross the state line into Virginia. If you live in a state where abortion is banned, you do not need to fear that you are somehow breaking the law by traveling to Virginia to obtain a legal abortion. And, to be clear, it is perfectly legal for you to travel from your state to Virginia for an abortion.

Here are the answers to some the legal FAQs that some of our patients have asked:

1. Is it legal for me to travel to Virginia for an abortion? Yes! The answer to this question is a resounding yes. No state can bar you from traveling to another state. This is established in the US Constitution. The question of inter-state travel is a well-settled legal issue that was fully resolved in the 1700s. One state cannot bar inter-state travel to another state. You do not need a Visa or a Passport to visit Virginia. You do not need to pay a border tax to cross state lines into Virginia or any other US state. And you do not need to go through Customs. Inter-state travel is fully protected in the US constitution. Tourists come to Virginia Beach every day for pleasure, with no restrictions whatsoever.


2. Is my care in Virginia subject to abortion bans in my home state? Absolutely not. Let's say you are traveling from, say for example, Florida. Just as Virginia cannot impose Virginia laws upon actions in Florida, likewise, Florida cannot impose its abortion limitation laws in Virginia. When you are in Virginia, Virginia law rules. That is true regardless of your home state. It is true for all 50 states.


3. If I live in a state where abortion is banned, how do I protect myself from being charged with breaking my state's abortion ban laws? The answer to this is simple, here's what you can do:
A. Drive to the Virginia Women's Wellness office in Cairo, Virginia.
B. Have your consultations and care in Virginia
C. Receive your care in Virginia Women's Wellness's offices in Virginia from a Virginia-licensed clinician.
D. Go home.
E. Keep your trip and the abortion private and confidential.

That's it. Everything you did for the abortion happened in Virginia, where abortion is completely legal. Not in your home state. You did not break the law in your home state or in Virginia. To avoid questioning, however, we recommend following up with Virginia Women's Wellness or another Virginia-licensed physician for post-abortion care and treatment of any problems - where your care was completely legal.


4.What if I have a complication and must go to an emergency room in my home state where abortion is illegal? Will I get arrested? First of all, this is extremely rare. And if you are having any problems, call us first. We will take care of you. However, if you do go do an ER, you should not, theoretically, have any problems because your care in Virginia was legal. That said, we cannot promise that some overly aggressive, anti-abortion prosecutor might not try to make an example of you. Therefore, our advice would be that you do mention your abortion. Just say you started bleeding, and that you think you are having a miscarriage. Leave it at that. What you said is true. You are not lying. You did start bleeding. And you are having a miscarriage. If you do not mention why, you are having a miscarriage, they will not be able to tell why. And it usually will not make any difference in your treatment. The doctors in the ER cannot tell the difference between a natural miscarriage or a drug-induced miscarriage. They are both miscarriages. So, just don't mention your abortion or your trip to Virginia, and you will not be subject to any further questioning. Ultimately, if someone found out that you traveled to Virginia for an abortion, you should be found not guilty of an illegal abortion. Because your care was perfectly legal. But why put yourself through questioning and/or a legal process? The medications that you took and the care that you received in Virginia are a private matter, and we recommend keeping it that way.


5. If I tell someone in my home state that I had an abortion, can they report me to the police? Yes. Anyone can report anyone to the police for a suspected crime. You cannot stop them. And they are not breaking the law by making such a report. And if they DO make a complaint against you alleging an illegal abortion, then the police are obligated by law to investigate of the complaint. Hopefully, all that will happen is that you would be subject to questioning by the police. But, for these reasons, it might be prudent not to talk too much about your abortion, even though it is perfectly legal. Just because it was legal, does not protect you from accusations and questioning. It should, however, ultimately protect you from conviction. But why go through that? Just keep it private and confidential.


6. Are my records at Virginia Women's Wellness confidential? Yes. Virginia Women's Wellness's records are completely private. We intentionally use paper records so they cannot be hacked. And Virginia law protects the privacy of your records.