Did Virginia legalize abortion up to birth? Claim misrepresents Question 1

As the results of the 2026 U.S. midterm elections rolled in, posts on social media suggested that Virginia voters had approved an amendment to the state’s constitution that would allow, as one X post put it, “the abortion of babies who are minutes from being born.”

Snopes readers also contacted us looking for more information about the supposed vote.

The claim is false.

The posts used common anti-abortion framing to create a misleading description of a real proposal on the ballot, Question 1. The measure, which voters overwhelmingly approved, does enshrine in Virginia’s constitution an individual’s right to receive an abortion. 

However, the measure explicitly contains an exception allowing the state Legislature to pass laws that restrict access to some abortions in the third trimester of pregnancy. Because this exception exists, Virginia voters did not approve “abortions up to birth.”

It’s also worth reviewing basic facts about abortions — doing so reveals that the anti-abortion posts are using dramatic language to attack a strawman argument they created. 

The strawman argument

The misleading posts do not mention how far into their pregnancies women generally receive abortions. That’s because the language of the claim relies on the idea that late-term abortions are a common practice, while the medical data shows they are quite uncommon. 

According to the American College of Obstetricians and Gynecologists, the premier professional association for OB/GYNs in the U.S., less than 1% of abortions in the country are performed in the third trimester, and about 1% of abortions are performed after the woman has reached 21 weeks of pregnancy. The nonprofit Guttmacher Institute, a highly reputable source of information on abortion data, estimated that doctors performed 1.13 million abortion procedures throughout the country in 2025. Therefore, only about 11,300 abortions total were performed after the 21-week mark, still seven weeks shy of the third trimester. 

In sum, late-term abortions are incredibly rare. The ACOG lists the following reasons why they are performed:

• As a result of a fetal diagnosis received later in pregnancy that may have a profound impact on the pregnancy’s prognosis
• As a result of a diagnosis related to risks to their own health during pregnancy that did not present until later in pregnancy
• Not recognizing that they were pregnant until later in the pregnancy, which may delay them in presenting to start care
• Barriers to obtaining care earlier in pregnancy, including limited financial means, inability to travel, or work or childcare obligations
• A combination of any of the above

To put it another way, doctors, who take an oath to do no harm, perform late-term abortions because the baby is “life-limiting,” the mother may not survive the pregnancy or the mother couldn’t have the procedure earlier, even if she wanted to. 

Question 1, explained

Question 1 enshrines the right to an abortion without any limitations through the first and second trimesters of pregnancy, amongst other reproductive care. This language reinforces the access currently available under Virginia law, according to reproductive healthcare nonprofit Planned Parenthood.

The amendment specifically permits the state Legislature to enact laws restricting abortions in the third trimester of pregnancy, with caveats. Those laws may not restrict abortions “unless the patient’s health is at risk or the pregnancy cannot survive,” according to the wording on the ballot.

The following paragraph is the actual language of that caveat that will be added to the state constitution, according to Ballotpedia:

Notwithstanding the above, the Commonwealth may regulate the provision of abortion care in the third trimester, provided that in no circumstance shall the Commonwealth prohibit an abortion (i) that in the professional judgment of a physician is medically indicated to protect the life or physical or mental health of the pregnant individual or (ii) when in the professional judgment of a physician the fetus is not viable.

In addition, Question 1 also protects both patients and medical providers from punishment for providing or receiving abortion care.

Sources