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HR5 • 2026

Right to reproductive freedom; legal effects & consequences of a constitutional amendment.

<p class=ldtitle>Directing the Speaker of the House of Delegates to order a study of the legal effects and consequences of a constitutional amendment enshrining a fundamental right to reproductive freedom. Report.</p>

Abortion Children
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Zehr
Last action
2026-02-18
Official status
Failed
Effective date
Not listed

Plain English Breakdown

The bill does not specify when the study must be completed or what actions will follow based on its results.

Study on Reproductive Freedom Amendment

This bill directs the Speaker of the House to conduct a study on the legal effects and consequences of a constitutional amendment that would enshrine reproductive freedom.

What This Bill Does

  • Directs the Speaker of the House to order a study about the legal impacts of a constitutional amendment for reproductive rights.
  • The study will examine if the proposed amendment protects abortion throughout pregnancy.
  • It also investigates whether the amendment permits crimes like partial birth infanticide, child pornography, sexual assault, and selling body parts of dead children.

Who It Names or Affects

  • The Speaker of the House of Delegates
  • Administrative staff in the Office of the Clerk
  • Legal experts and researchers from the Division of Legislative Services

Terms To Know

Reproductive freedom
The right to make decisions about one's own reproductive health, such as contraception, abortion, and childbirth.
Constitutional amendment
A change or addition to the Constitution that alters its meaning or adds new rights.

Limits and Unknowns

  • The bill does not specify when the study must be completed.
  • It is unclear what specific actions will be taken based on the results of the study.

Bill History

  1. 2026-02-18 House

    Left in Rules

  2. 2026-02-02 Studies Subcommittee

    Subcommittee recommends passing by indefinitely (4-Y 1-N)

  3. 2026-01-30 Studies Subcommittee

    Assigned HRUL sub: Studies Subcommittee

  4. 2026-01-13 House

    Prefiled and ordered printed; Offered 01-14-2026 26103919D

  5. 2026-01-13 Rules

    Referred to Committee on Rules

Official Summary Text

Directing the Speaker of the House of Delegates to order a study of the legal effects and consequences of a constitutional amendment enshrining a right to reproductive freedom.
Directs the Speaker of the House of Delegates to order a study of the legal effects and consequences of a constitutional amendment enshrining a right to reproductive freedom, including whether the language of the proposed amendment would constitutionally protect abortion throughout all of pregnancy, create a constitutional right for the parents of a dead child to sell such child's body parts, and legally permit partial birth infanticide, born-alive murder, child pornography, sexual assault, and any other crime after complete extraction or expulsion from the mother so long as the umbilical cord is attached.

Current Bill Text

Read the full stored bill text
Directing the Speaker of the House of Delegates to order a study of the legal effects and consequences of a constitutional amendment enshrining a fundamental right to reproductive freedom. Report.

WHEREAS, House Joint Resolution 1, first approved at the 2025 Session of the General Assembly and subsequently referred to the 2026 Session of the General Assembly as required by the Constitution of Virginia, would amend the Constitution of Virginia to provide that every individual has the fundamental right to reproductive freedom, including the ability to make and carry out decisions relating to such individual's own prenatal care, childbirth, postpartum care, contraception, abortion care, miscarriage management, and fertility care; now, therefore, be it

RESOLVED by the House of Delegates, That the Speaker of the House of Delegates be directed to order a study of the legal effects and consequences of a constitutional amendment enshrining a right to reproductive freedom. Such study shall consider whether the phrase "An individual's right to reproductive freedom shall not be, directly or indirectly, denied, burdened, or infringed upon unless justified by a compelling state interest achieved by the least restrictive means" would apply to the umbilical cord and placenta, and if so, whether this language would (i) constitutionally protect abortion throughout all of pregnancy; (ii) legally permit partial birth infanticide or any other crime, including born-alive murder, child pornography, sexual assault, and injury, after complete extraction or expulsion from the mother so long as the umbilical cord is attached; and (iii) create a constitutional right for the parents of any born-alive or unborn child who is killed to subsequently sell the dead child's body parts.

Administrative staff support shall be provided by the Office of the Clerk of the House of Delegates. Legal, research, policy analysis, and other services as requested for this study may be provided by the Division of Legislative Services. All agencies of the Commonwealth shall provide assistance for this study, upon request.