H. B. 2383
(By Delegate Walters)
[Introduced February 16, 2005; referred to the
Committee on Health and Human Resources then the
Be it enacted by the Legislature of West Virginia:
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §16-2J-1 and
§16-2J-2, all relating to abortions generally and requiring
notice of an abortion to be provided to the father of the
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §16-2J-1 and §16-2J-2,
all to read as follows:
AARTICLE 2J. NOTIFICATION OF FATHER WHEN ABORTION IS PERFORMED.
§16-2J-1. Legislative findings and intent.
The Legislature finds that the immediate and long-range
consequences of an abortion requires that physicians ensure that
the father of the unborn child is notified of the proposed
abortion. It is, therefore, the intent of the Legislature to ensure that the father of an unborn child is aware of a proposed
§16-2J-2. Notice to father; exception; penalty.
At least seventy-two hours before any abortion is performed in
the State of West Virginia, the father of the unborn child to be
aborted shall be notified by the physician, clinic or medical
facility performing the abortion, informing him that he has been
named as the father, telling him the identity of the mother of the
unborn child, and the time and place the abortion will be
This requirement shall be waived if:
(a) The conception of the unborn child involved a criminal
offense, if the offense has been reported and charges have been
(b) The father cannot be located, if the physician, clinic or
medical facility produces evidence that a reasonable effort has
been made to locate the father;
(c) The mother's life is endangered because of her pregnancy;
(d) The mother of the unborn child is unable to identify the
father and she states in writing, that she is unable to identify
the father which statement shall become a part of the permanent
record and reported to the Department of Health and Human
Nothing in this article may be construed or interpreted to
endorse, allow, permit or approve of any abortion.
It is unlawful for the mother of an unborn child seeking an
abortion to refuse to name the father of the child as required by
this section. Any person who violates this provision is guilty of
a misdemeanor and, upon conviction thereof, shall be fined an
amount equal to the cost of the abortion.
It is unlawful for a physician, clinic or medical facility to
fail to notify the father of an unborn child as required by the
provisions of this article. Any person who violates this provision
is guilty of a misdemeanor and, upon conviction thereof, shall be
fined an amount equal to ten times the cost of the abortion.
NOTE: The purpose of this bill is to require that a woman
contemplating an abortion provide the name of the father to the
physician, clinic or medical facility performing the abortion and
to require the physician, clinic or medical facility to notify the
father of the proposed abortion.
This article is new; therefore, strike-throughs and
underscoring have been omitted.