Yes, California state law allows abortion, but it places some restrictions on the practice of getting an abortion. Abortion is also allowed under federal laws, and in 1973, the US Supreme Court ruled in Roe v. Wade that abortion was a constitutional right. States are allowed to add laws that restrict abortions to ensure they are performed safely. If these laws are broken, then the person breaking the laws may face criminal charges. In California, the law which regulates abortions is the 2002 Freedom of Choice Act or FOCA.
California’s Freedom of Choice Act
California’s abortion laws are provided in FOCA, which allows access to abortion services before a fetus is considered “viable.” It provides reproductive rights protection that would remain in place even if the Roe v. Wade ruling was overturned. Along with rights to abortion services, FOCA provides rights to:
- Birth control and the right to refuse birth control
- Right to bear a child or access to abortion services if they choose
The state is not permitted to interfere with these reproductive rights, nor can it interfere with a woman’s right to reproductive choices. Therefore the California Constitution protects these rights more than the US Constitution does. In 1981, a state law sought to limit abortion only to cases of unlawful sex of a minor, incest, rape, fetal deformity, severe damage to physical health, or if pregnancy would endanger the pregnant person’s life. The US Supreme Court denied that law as well as one in 1997, which required minors to obtain a judicial waiver or parental consent before seeking an abortion. Both of these restrictions were passed by the US Supreme Court; therefore, California state laws provide more abortion rights than federal laws allow.
What Is an Abortion?
An abortion is the term for when a pregnancy is medically terminated. The fetus is removed either through surgical or non-surgical means.
What Limits Does California Place on Abortion Laws?
California laws give the right to choose to bear children or to terminate a pregnancy, but they do add some limitations. In order for an abortion to be lawful, one of the two circumstances must apply.
- Pregnancy would risk the health or life of the pregnant person
- The fetus would not be able to survive outside of the womb itself (it is not viable)
If the fetus would be able to survive outside of the womb, then the pregnant person cannot seek an abortion unless their health or life is risked by the pregnancy. The law also requires abortions to be performed by a licensed medical professional who is qualified to give abortion care.
US states are not allowed to remove the right to abortions completely as the Supreme Court has ruled it is a Constitutional right. However, the states are given the power to place restrictions on the right to abortion services, and many have. Some states have passed legislature that does not remove the right to abortion but does make it almost impossible to seek one or for abortion services to exist. California provides strong reproductive rights in comparison to most other states, and it seeks to protect those rights.
How Late Can You Have an Abortion in California?
The restriction that California laws place on abortion is only that the fetus cannot be viable. There is no legal definition for viability; it must be examined by a medical professional on a case by case basis.
A fetus is viable if it can survive on its own without medical intervention. A general guide is when the fetus is 500g or around 23 weeks. But it is not a hard and fast rule, and a doctor will consider viability on a case by case basis.
Who Can Perform Abortions in California?
There are two types of abortions, surgical abortions and non-surgical abortions.
Surgical abortions
A surgical abortion can be performed by someone with a valid medical license and a valid license to perform surgical abortions. Neither of these licenses can be suspended or revoked at the time of the surgical abortion. These licenses must also have been obtained through the proper channels. A surgical abortion can be performed by a licensed nurse practitioner, a certified nurse-midwife, or an advanced private clinician.
Non-Surgical abortion
A non-surgical abortion is usually achieved through medication. Because of the non-invasive method, a larger number of medical practitioners can provide these services. However, a non-surgical abortion can only be performed during the first trimester.
Non-surgical abortions may be performed by:
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- Licensed physicians
- Licensed surgeons
- Licensed nurse and nurse practitioners
- Physician’s assistants
- Nurse-midwives
Medical professionals cannot be required to perform abortions and cannot be penalized by their employers if they refuse to perform an abortion. Healthcare facilities are also allowed to refuse to provide abortion services without legal penalties.
What Are the Legal Requirements For a Minor To Seek an Abortion?
An underage person or minor can seek an abortion the same as an adult who is pregnant. They do not need parental consent or a legal waiver to seek an abortion. The constitution protects their legal rights to seek abortion services without consulting their parents.