The Fetal Heartbeat Act proposes to amend the Code of West Virginia by introducing a new article that prohibits 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 statistical information about the likelihood of the fetus reaching full-term based on gestational age. It also outlines documentation requirements, penalties for non-compliance, and exceptions for medical emergencies.

Furthermore, the bill allows women to file civil actions for the wrongful death of their unborn child if an abortion is performed in violation of the act or if they were not provided with necessary information or did not sign required forms prior to the procedure. Successful plaintiffs may receive damages of $10,000 or more, along with court costs and attorney's fees. The legislation also mandates reporting of abortion-related information to the State Director of Health, establishes various standards and procedures for abortion, and emphasizes the importance of rulemaking to ensure clarity in implementation.

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