The Fetal Heartbeat Act aims to amend the Code of West Virginia by prohibiting abortions once a fetal heartbeat is detected in intrauterine pregnancies. The bill requires that any individual intending to perform an abortion must first check for a detectable fetal heartbeat and inform the pregnant woman of the findings, including the likelihood of the fetus reaching full-term, followed by a mandatory 24-hour waiting period before proceeding with the abortion. It also outlines definitions related to conception and medical emergencies, establishes penalties for non-compliance, and includes exceptions for medical emergencies.

Additionally, the bill allows women to file civil actions for wrongful death of their unborn child if they undergo an abortion that violates the law or if they were not provided with necessary information or did not sign required forms. Successful plaintiffs may receive damages of $10,000 or more, along with court costs and attorney's fees. The legislation emphasizes the state's interest in protecting both women's health and the life of the unborn, while also mandating the reporting of specific abortion-related information to the State Director of Health. Overall, the Fetal Heartbeat Act seeks to significantly regulate abortion practices in West Virginia based on the detection of a fetal heartbeat.

Statutes affected:
Introduced Version: 16-2S-1, 16-2S-2, 16-2S-3, 16-2S-4, 16-2S-5, 16-2S-6, 16-2S-7, 16-2S-8, 16-2S-9, 16-2S-10, 16-2S-11