Is Abortion Legal in California?
Yes, abortion is legal under federal and California laws. The United States Supreme Court ruled that reproductive rights are protected by the US Constitution and, therefore, abortion cannot be abolished entirely. This ruling was the often-cited Roe v. Wade which is the precedent for all decisions regarding abortions. However, states are allowed to place restrictions on how and when abortion can happen as long as they are reasonable and do not take away the right to abortions.
California Abortion Laws and the Right to Choose
The Freedom of Choice Act is the legislature that gives people control over their reproductive choices, including rights to birth control and the rights to choose abortion. This includes the right to choose not to take birth control and not to abort. The FOCA also gives people the right to privacy surrounding their reproductive decisions.
This Act was designed to uphold the legal protections that Roe v. Wade gave people surrounding their reproductive rights and access to safe abortion services. While there are some restrictions around how abortion may be performed, California abortion laws are some of the least restrictive in the country. They would also protect California residents in the case that Roe v. Wade is challenged.
What Are the Legal Requirements For Abortion in California?
The law defines abortion as a medical procedure to terminate a pregnancy. There are both surgical and non-surgical methods of performing an abortion, depending on the circumstances of the pregnancy.
FOCA states that a pregnant person can have an abortion if:
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- The pregnancy poses a risk to their health or life
- The fetus is not viable
Even if the fetus is viable, a pregnant person can have an abortion if a qualified medical professional determines that the pregnancy would pose a risk to their health or life. An abortion must be performed by a qualified medical professional who holds the necessary licenses to perform the type of abortion. There are different qualifications needed for surgical and non-surgical abortions. If the abortion does not meet the legal requirements, there is a risk of criminal charges.
California law also protects the rights of medical professionals and health institutions to refuse to perform abortions. An individual medical professional can refuse to perform an abortion even if their health institution performs them without legal or professional penalties. Employers and health facilities are not allowed to penalize or retaliate against medical professionals for their refusal to perform abortions.
Can Minors Get an Abortion?
Yes, the Constitutional right to choose applies to minors as well. A minor does not need parental consent to seek or receive an abortion and requiring this is a violation of Constitutional rights.
What Is a Viable Fetus?
The only restriction the law places on abortions is to ensure the fetus is not viable. This means that if the fetus was delivered that day, it would not be able to survive without medical intervention. The law does not give parameters for determining if a fetus is viable or not; it is the role of the medical professional to determine that. Often the medical professionals will decide viability on a case by case basis as fetus size and maturity can vary significantly between pregnancies.
Most medical professionals say that if the fetus has reached 23 weeks or is bigger than 500g, it has a good chance of surviving on its own and is therefore viable. But this is not the case for all pregnancies.
Once the fetus is viable, a pregnant person can no longer have an abortion unless the pregnancy poses a risk to their health or life. Doing so when the fetus is viable, and there are no medical reasons for an abortion would be illegal.
Challenge to Abortion and Reproductive Rights
Legislature has been proposed both federally and in California that would restrict the current abortion and reproductive rights. Some of the highest-profile California state cases were:
- Committee to Defend Reproductive Rights v. Myers 1981 – A proposed law that would have limited the reasons a pregnant person may seek an abortion.
- American Academy of Pediatrics v. Lungren 1997 – A proposed law which would require minors to seek a judicial waiver or parental consent for abortion services.
Roe v. Wade was a monumental case as the Supreme Court ruled that the right to an abortion was protected by the constitution. States cannot infringe upon that right by denying abortions or making it illegal for pregnant people to seek abortions. They can put restrictions on who can perform abortions and where they may happen. They can also restrict when an abortion must happen. Many states have worded their laws to make it very difficult for pregnant people to receive abortions without making them completely illegal. They have also severely limited the number of abortion clinics in the state by placing tight restrictions on abortion clinics. In comparison, California is one of the easiest states in which to exercise reproductive rights.
Who Is Legally Permitted to Perform Abortions In California?
Abortions are generally categorized into surgical abortions and non-surgical abortions. Not all medical professionals can perform abortions, and the restrictions are different for surgical and non-surgical abortions.
Who Can Perform Surgical Abortions?
The medical professional must have a valid medical license and a valid license to perform or assist in surgical abortions. Everyone involved in surgical abortion must have these licenses.
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- Licensed surgeon
- Licensed nurse practitioner
- Advanced practice clinician
- Certified nurse-midwife
Who Can Perform Non-Surgical Abortions
All the medical professionals performing and assisting in non-surgical abortion must have a valid and current medical license and a license to perform this type of abortion or assist in this type of abortion. Abortions by medication must only be performed during the first trimester.
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- Licensed surgeon
- Licensed nurse practitioner
- Advanced practice clinician
- Certified nurse-midwife
- Licensed physicians
- Physicians assistants