Current state law allows abortion until fetal viability, usually about 24 weeks after pregnancy. But the proposed constitutional amendment does not address the issue of timing, raising the possibility that abortions would be allowed at any time during pregnancy — and, critics say, would be allowed for some reason. In addition, only qualified health professionals are allowed to perform abortions. This is true even if the fetus is viable.67 The official electoral argument in favor of Proposition 1 and the rebuttal of the argument against the measure in the state`s voter guide refer to “Roe v. Wade`s” and the standard of viability in existing California law. With this clarification, Carrillo said, it is unlikely that a court would misinterpret the intent of Proposition 1 as prolonging abortion beyond the viability point. California`s abortion laws grant women a fundamental right to terminate their pregnancies. However, there are restrictions on access to abortion and reproductive freedom.3 Margaret Russell, a constitutional law professor at Santa Clara University School of Law, said it was understandable to question whether Proposition 1 would expand access to abortion, but that their language had to be considered in context. Before your abortion, our knowledgeable and caring staff will discuss all your pregnancy options with you to ensure that an abortion is the best decision for you.
We`ll also tell you about your medical history to make sure we`re providing you with the best care. A few weeks before Roe`s overthrow, Gov. Gavin Newsom signed a bill requiring federally licensed health insurers to cover all abortion costs. On the same day Roe was overthrown, a law went into effect that protects abortion providers from civil liability when treating women from states where abortion is illegal or restricted. Minor women may have an abortion without their parents` consent. If you are more than 16 weeks pregnant, your abortion at the clinic may require several visits. At a virtual event hosted by the Proposition 1 campaign last week, Brietta Clark, a health law expert at Loyola Law School, said the text of the measure was consistent with the “language of fundamental rights” used by the California Supreme Court when it first recognized a right to abortion in 1969. This was “interpreted as allowing restrictions on abortion,” she said. There is no strict deadline for terminating a pregnancy.
But without special circumstances, abortion services cannot be performed once the fetus becomes viable. By definition, a fetus becomes viable if it is likely to maintain its survival outside the womb. It must be able to survive without extraordinary medical measures.10 Franklin and other experts have argued that language about viability has no place in Proposition 1 because limits on when an abortion can be performed are the kinds of details a lawmaker should determine. Note: State laws can always change through the passage of new laws, decisions in higher courts (including federal decisions), voting initiatives, and other means. While we strive to provide the most up-to-date information available, please consult an attorney or conduct your own legal research to review the state laws you are seeking. If you choose an abortion service in our health center, you can also get the following: a pregnancy test a chance to talk to a qualified staff member about all your decisions: abortion, adoption and parenthood a conversation with the health care provider about your medical history laboratory tests/blood tests a gynecological exam an ultrasound medication to make abortion more comfortable Medications if you are Rh negative antibiotics Birth control information A method of birth control (if you want one) Post-abortion follow-up In November 2022, California voters will consider an election measure that would amend the state constitution to explicitly include a right to abortion. This area of law is fluid. While the state limits the provision of abortion treatments to licensed physicians, it allows some advanced practice clinicians (APCs) to offer medications or aspiration abortions during the first trimester.  CAL. BUS. & PROF. CODE § 2253 (b).
California also provides public funding for abortion.(154)(154) Committee to Defend Reprod. Rights v. Myers, 29 Cal.3d 252, 625 P.2d 779 (Cal. 1981). and requires private insurance coverage for abortion.  Michelle Rouillard, Director of the Department of Managed Health Care Brief to Mark Morgan, California President of Anthem Blue Cross, RE: Restrictions or exclusions from abortion services. 22 August, . Read more The state protects security and access to clinics by prohibiting obstruction of health facilities.  CAL. CIV CODE. § 3427.1.
In 2022, California declared that civil lawsuits filed outside the state arising from the provision or attempted provision of legal abortion treatments in California violated state public policy. State law now prohibits state courts from enforcing out-of-state civil judgments related to abortion care.  A.B. 1666, 2022 Leg. Reg. Sess. (ca. 2022). The Society for Human Abortion was founded in San Francisco in 1963.
They tried to challenge abortion laws by openly offering contraceptive and abortion services.   Since it was clear to proponents that her intention was simply to assert abortion rights in California, she stated that a court would not realistically ignore this evidence and would interpret Proposition 1 to permit abortion for any reason at any time. Everyone has their own opinion on the abortion debate. But where is the law, especially in a big state like California? California`s abortion laws are less restrictive than those in many other states, which may impose waiting periods, consent requirements, strict facility codes, or regulatory requirements. In California, nurse midwives and other non-medical health professionals (with appropriate training) are licensed to perform the procedure. This article focuses on the basic provisions of California`s abortion laws. The following table provides a simple and useful summary of the laws that make up California laws, with links to important sections of the code. In California, women have a fundamental right to abortion. However, there are limits. California has led the nation in expanding access to reproductive health services and strengthening abortion protection: in 1966 and 1967, there were 35 illegal abortion deaths. Between 1968 and 1969, when there were 22 deaths, this proportion decreased by 35%.  In 1968, 701 women were admitted to a single Los Angeles hospital for septic abortions, so the ratio of septic abortions to live births was about 1 in 14.
 Between 1972 and 1974, there was only one illegal abortion death in California.  California Rep. James Gallagher, Republican Minority Leader, urged lawmakers to reject the proposed constitutional amendment on abortion rights for the November vote during a June 27 closing debate on Capitol Hill in Sacramento, California. Rich Pedroncelli/AP Hide the caption They point out that California already recognizes constitutional protection for abortion that has coexisted with legal restrictions on the procedure for decades. Proposition 1 does not change this status quo, they argue, but simply explicitly enshrines this right to abortion in the California Constitution so that a future court cannot suppress it. California has enshrined the protection of abortion as a fundamental right.  CAL. HEALTH AND SAFETY CODE § 123462, CAL. HEALTH AND SAFETY CODE § 123466. The law provides as follows: California Senator Kamala Harris held a 2020 Democratic Party campaign rally in Birmingham, Alabama on June 7, 2019.
One of the messages she spoke about at her rally was abortion rights in the state. During the rally, she said that if she were president, she would demand that the Justice Department review any state law that restricts access to abortion “if it comes from a state that has restricted those rights in the past.” In this way, the U.S. government could ensure that these laws are constitutional before they go into effect and prevent states like Alabama from constantly trying to challenge established precedents that legalized abortion through cases like Roe v. Wade.  Although you have the right to access a safe abortion, states are still allowed to impose certain restrictions on this right, which can complicate the abortion process. Although California offers better access to abortion services than other states, this is an important decision with many legal facets. If you have questions about abortion access or other abortion-related concerns, it`s a good idea to call a family law lawyer in your area today. An employer cannot require health professionals to perform an abortion. Nor can doctors be punished for refusing to provide one. Health facilities may also refuse medical care for abortions without legal consequences.16 Abortion.ca.gov is available in Spanish and is translated into several other languages. The site includes an interactive provider locator tool that allows users to search for health care providers throughout California, as well as information if you live outside of California, about the legal right to an abortion in California and travel here to receive services.