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 defines key terms such as "fetal heartbeat," "gestational age," and "medical emergency," and emphasizes the intent to protect both the health of the pregnant woman and the life of the unborn child. It requires that any person intending to perform an abortion must first confirm the presence of a detectable fetal heartbeat and document this in the woman's medical records. Additionally, a written acknowledgment from the pregnant woman regarding the detection of a fetal heartbeat and the likelihood of the fetus reaching full-term must be obtained.

The legislation establishes criminal penalties for performing abortions without confirming a detectable heartbeat, with exceptions for medical emergencies, and allows women to file civil actions for wrongful death of their unborn child under certain conditions. If successful, women can receive damages of $10,000 or more, along with court costs and attorney's fees. The bill also mandates the reporting of specific abortion-related information to the State Director of Health and includes provisions for documentation, notice, acknowledgments, and rulemaking, all aimed at creating stringent regulations surrounding abortion practices in West Virginia.

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