California Abortion Law: What You Need To Know

Abortion laws vary across the United States, and California's legislation is among the most progressive in the country. Abortion is legal in California, and the state's constitution explicitly protects the right to abortion and contraception. The state's highest court recognised abortion rights under the California Constitution in 1969, and several laws have been passed to protect abortion rights and access.

Abortion is legal in California

In 2022, California voters passed Proposition 1, which amended the state constitution to explicitly protect the right to abortion and contraception. This was in direct response to the United States Supreme Court overturning Roe v. Wade, which had recognised that women have a constitutional right to abortion.

California law does place some limitations on when a pregnant woman can terminate her pregnancy. A woman can get an abortion up until her foetus becomes viable, or if the procedure is necessary to protect the life or health of the mother. The right to abortion care is absolute in the state under these two conditions. Once the foetus becomes viable, a woman's right to abortion becomes more limited. Abortion as a reproductive right is only legal when necessary for the life or health of the mother.

In California, people of any age have the right to independently consent to their own abortion care. Underage women have the same right to an abortion as adult women, and it is unconstitutional to require them to get parental consent.

California law also prohibits abortion at viability. However, only qualified medical providers are allowed to perform legal abortions. If an abortion is performed outside the legal parameters, it can lead to criminal charges.

California has strong state constitutional protections for the right to abortion. The state also provides public funding for abortion and requires private insurance coverage. The state protects clinic safety and access by prohibiting the obstruction of healthcare facilities.

Only qualified medical providers are allowed to perform abortions

California has some of the most progressive abortion laws in the country. Abortion is legal in California, and the state's highest court recognised abortion rights under the California Constitution in 1969, four years before Roe v. Wade. The state law protects the right to personal reproductive decisions, and in November 2022, Californians approved Proposition 1, which explicitly adds abortion and contraception rights to the state constitution.

California law does place some limitations on when a pregnant woman can terminate her pregnancy. Generally, a woman can get an abortion up until her fetus becomes viable, which is typically around the 23rd week of pregnancy or when the fetus weighs at least 500 grams. However, if the pregnancy poses a risk to the life or health of the mother, abortion is legal at any time.

California has strong protections for abortion rights and has enacted several laws to ensure access to safe and legal abortions. The state also provides public funding for abortions and requires private insurance coverage for the procedure. Additionally, California has enacted interstate shield laws to protect providers, patients, and those who help others access abortion from out-of-state civil investigations and legal actions.

Abortion is legal for teens and adults in California

California law allows anyone who is pregnant to choose to have an abortion before the fetus is considered viable. A fetus is considered viable when a doctor determines that it could live outside the uterus without extreme medical measures. This typically occurs around the 23rd week of pregnancy, or when the fetus weighs at least 500 grams.

In California, people of any age have the right to independently consent to their own abortion care. This means that underage women can get an abortion without parental consent. Additionally, abortion care is considered basic healthcare in California, and most private insurance plans are required to cover it. All Medi-Cal plans also cover abortion, often at no cost.

California has strong state constitutional protections for the right to abortion. In November 2022, voters approved Proposition 1, which explicitly adds abortion and contraception rights to the state constitution. This was a direct response to the Supreme Court's overturning of Roe v. Wade, and it makes the right to abortion in California even stronger.

It is important to note that only qualified medical providers are allowed to perform legal abortions in California. If an abortion is performed outside the legal parameters, it can lead to criminal charges.

California residents can get abortions out-of-state

Abortion laws in California grant women a fundamental right to terminate their pregnancies, and this right is protected under the state's constitution and state law. The state's highest court recognized abortion rights under the California Constitution in 1969, and in November 2022, Californians approved Proposition 1, which explicitly adds abortion and contraception rights to the state constitution. This means that abortion will remain legal in California even after the overturning of Roe v. Wade, and there is no trigger law in the state that bans abortion.

California has taken a range of actions to protect abortion rights and access, including passing new laws. For example, the state has enacted interstate shield laws that protect providers, patients, and those helping others access abortion from out-of-state civil investigations, legal actions, and civil judgments. Another interstate shield law prohibits the police from arresting people aiding or obtaining abortions in California and from cooperating with law enforcement in other states regarding abortions that are lawful in California. Additionally, California has an Abortion Practical Support Fund that provides financial and in-kind assistance to people seeking abortions in the state.

California residents can legally travel out-of-state to obtain an abortion, and the state will not prosecute people for seeking or obtaining abortions, even if they are from a state or country that bans abortions. The state also has laws in place to protect the privacy of those seeking abortions and prohibit the release of medical information without written consent.

It is important to note that while abortion is legal in California, there are some limitations. Abortions can only be performed by qualified medical professionals and are generally allowed until the fetus becomes viable, which is determined by a doctor on a case-by-case basis. After viability, abortions are only permitted if necessary for the life or health of the mother.

California abortion laws pre-Roe v. Wade

California's abortion laws pre-Roe v. Wade were similar to those in other states. Abortion was legal in California prior to 'quickening'—the moment when the pregnant woman starts to feel the foetus's movement in the uterus, usually around 18-21 weeks into the pregnancy.

However, in the 19th century, abortion was a public controversy due to the health risks posed by unsafe abortions performed by unlicensed practitioners. By the 1850s and 1860s, 1 in 5 or 1 in 6 pregnancies ended in abortion.

In the 20th century, abortion was a felony in every state, although some states included provisions allowing abortion in limited circumstances, such as to protect the woman's health or in cases of rape or incest.

In 1967, Colorado became the first state to decriminalise abortion in cases of rape, incest, or where pregnancy would lead to permanent physical disability for the woman. Similar laws were passed in California, Oregon, and North Carolina.

In 1970, Hawaii became the first state to legalise abortions at the request of the woman, and New York repealed its 1830 law, allowing abortions up to the 24th week of pregnancy. Alaska and Washington soon followed.

In 1972, the year before Roe v. Wade, abortion was illegal in 30 states and legal under certain circumstances in 20 states.

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