West Virginia
February 19, 2024 Update
West Virginia is considering new laws to define individuals based on their reproductive anatomy and would specify an individual be identified as “man” or “woman” if they possess, previously possessed, will possess, or would have possessed a reproductive system that produces, transports, and utilizes eggs or sperm for fertilization and prohibits the use of the term “gender identity”
April 10, 2023 Update
The Governor signed a “religious freedom” (“RFRA”) measure after Republicans rejected amendments from Democrats to carve out an abortion exception.
March 2023 Report
A ban has been enacted on in-state abortion care. The import of these bans for the practice of reproductive medicine and, specifically, the use of Assisted Reproductive Technology (ART) to build families, varies on a state-by-state level. While the majority of states’ abortion ban statutes are applicable in the context of a pregnancy, many state laws also include definitions stating that “personhood” begins at fertilization or even conception. Such definitions -- whether intentionally or not -- have the potential to implicate and even ban the use of ART, including in vitro fertilization (IVF), though some states have taken steps to carve this out as allowable. In a growing number of states, statutory restrictions severely limit access to abortion care and implicitly threaten the unhindered practice of reproductive medicine.