California has stood as a defender of reproductive rights for decades. The state enacted reproductive rights laws before the Roe v. Wade decision became national law. The case was overruled nationally. Proposition 1, an amendment to the state constitution, became law in 2022, which ensures Californians can get abortions regardless of federal changes.

The legal right to abortion exists, but specific restrictions still apply to its availability. Under current California law, abortion is restricted by gestational periods, and the state bans specific procedures after viability reaches 24 weeks unless necessary for saving the mother's health. Healthcare providers must help minors with their abortion decisions even though they do not require parental consent. The established rules attempt to establish an equilibrium between personal rights while upholding medical, social, and ethical standards that enable abortion access while protecting both parties.

What is Abortion?

Abortion is a medical or surgical operation that aims to end an existing pregnancy. Abortion is selected by women for medical necessity as well as personal preference and incidents of rape and incest. The pregnancy stage determines which medical method will be used. The combination of mifepristone with misoprostol during early pregnancy causes the termination of a pregnancy. As the pregnancy progresses, surgical procedures like vacuum aspiration or dilation and evacuation for termination become the go-to options.

Medical practitioners and society continue to extensively discuss the abortion procedure in legal forums, social dialogues, and medical journals. Public discussions about rights, morality, and religion, together with legal considerations, create policies that determine how people access abortions and their views about the procedure. Some regions view it as a fundamental right, while others have strict restrictions. Despite the ongoing controversy, abortion remains an essential component of reproductive healthcare for millions.

The Evolution of Abortion Rights 

In the 1973 case Roe v. Wade, the U.S. Supreme Court made a historic ruling that granted women the right to choose abortion. The Supreme Court delivered a 7-2 decision that invalidated Texas law, which punished most abortions, by recognizing women have implicit abortion rights within their right to privacy.

A woman's right to privacy extends to the point where it covers her abortion decision, according to the Supreme Court ruling then. The court decision established three separate periods for controlling abortion regulations. Under this framework, states were forbidden from restricting abortions during the first trimester. States permitted health-related rules during the second trimester. States have the power to ban abortions after the viability stage only when medical protection of the pregnant mother is essential.

The decision became a landmark event that launched extensive national discussions that continued through decades of judicial and political warfare. American society experienced heightened tensions between pro-choice advocates who supported women's reproductive rights and pro-life groups who sought to reverse the court's decision about abortion. The Supreme Court decision, which allowed abortion throughout the United States, did not stop organized groups from continuing their legal opposition to the ruling.

The Supreme Court asserted the right for pro-choice advocates to protect abortion rights under the Constitution during the Planned Parenthood of Southeastern Pennsylvania v. Casey case. According to the court, states could enact abortion regulations provided these measures did not create substantial obstacles for individuals who needed abortions. The alteration in abortion rights laws strengthened state governments to establish waiting periods, parental consent regulations, and provider-specific restrictions known as TRAP laws. The Casey decision confirmed Roe v. Wade, but it also provided states with more power to impose restrictions that reduced access to abortion throughout different parts of the nation.

The Supreme Court's decision in Dobbs v. Jackson Women’s Health Organization in 2022 fundamentally transformed legal regulations. The Supreme Court ruled against Roe v. Wade. The Supreme Court voted 6-3 that the Constitution does not guarantee women the right to abortion. After this ruling, states had the power to regulate abortion while the federal government lost its control over the procedure. Consequently, several states prohibited women from obtaining abortions. The states governed by Republican or conservative leadership systems implemented trigger laws that generated both complete abortion bans and strict abortion restrictions. Some states restrict abortions to just six weeks before most people even know they are pregnant. Moreover, some states made it illegal to help or participate in performing abortions.

California passed additional safeguards that kept abortion services available. The national shift prompted the state to use legislative action to protect abortion rights and safeguard both providers and recipients of abortion services. The November 2022 vote by California voters passed Proposition 1, which added explicit abortion and contraception rights protection to the state constitution. Due to this protective measure, future legislation could not establish any restrictions on access to abortion.

California also set laws for patients and caregivers in addition to constitutional protections. The California State Legislature passed laws to protect people who get or provide abortions from both civil and criminal charges. The law safeguards people from lethal action in states that enforce strict abortion restrictions. Through Assembly Bill 1666, California protects its residents from facing out-of-state judgments that target their abortion-related activities.

Under California law, the police must not work with outside investigators who investigate legal abortion procedures. Assembly Bill 1242 prohibits both state and local police departments from making arrests against those who help with or obtain abortions. Medical records remain inaccessible to authorities from other states who attempt to punish people for their abortion-related actions. The laws established by California protect citizens who want to get abortions in the state. Individuals who travel to California from restricted states face no legal consequences because of their visit.

The government of California worked to improve both the affordability and accessibility of abortion services. The state requires health insurance companies, together with Medi-Cal, to provide coverage for abortion services without cost-sharing. The 2023 California Senate Bill 245 prohibits charging deductibles or copays for abortion care because access should remain affordable. The state provides financial support to organizations that assist out-of-state patients with their abortion-related travel expenses and accommodation needs.

What are the Time Limits for Abortions in California?

California's abortion regulations focus on what stage of growth the fetus is viable, often between 24 and 26 weeks when it weighs 1.3 to 2 pounds. This process places utmost importance on medical judgment and patient choice to ensure that abortion is performed before viability with minimal restrictions. However, after viability, there are stringent limits on abortions in California, allowing them only if the pregnancy threatens the individual’s life or health. The health of the person includes their emotional state as well as their mental health. The law provides continued abortion access for severe fetal malformation and medical conditions that would inflict significant harm after viability.

California does not impose a uniform gestational limit. Instead, it favors individualized medical decisions. Healthcare providers determine viability and health risks based on the specific situation of the pregnant lady and the fetus. The viability determination includes:

  • The risk of death or serious harm to the fetus
  • The likelihood of fetal survival
  • Fetal development and 
  • The risk of the pregnant lady’s medical condition
  • This ensures a flexible, case-by-case approach based on medical needs and ethical standards.

To strengthen these protections, California protects providers and patients from lawsuits by states that restrict abortion access.

People Who Can Perform Abortions in California

California now permits a wide variety of professionals to become abortion providers and perform abortions. Any physician who is licensed can perform surgical and medication abortions at any stage of pregnancy. To expand accessibility, the state authorizes Advanced Practice Clinicians (APCs), which include:

  • Nurse Practitioners (NPs)
  • Certified Nurse-Midwives (CNMs), and 
  • Physician Assistants (PAs)

They can provide abortions, particularly in the first trimester. These healthcare professionals can offer medication abortions using mifepristone and misoprostol and perform aspiration abortions, which is a minimally invasive procedure for early-stage pregnancies.

This expansion helps address provider shortages, especially in underserved areas, for better access to care. During the first trimester, anyone can provide abortions. However, in the later stages, only doctors are allowed to do so unless they have permission from a physician. To ensure patient safety and quality care, abortion providers (physicians and APCs) must undergo specialized training.

California also has a conscience clause that allows them to reject the procedure if it goes against their conscience. However, they should inform patients quickly and provide referrals to someone else so their personal beliefs do not delay patients’ care. 

Per Health and Safety Code 123420, if a physician, registered nurse, licensed vocational nurse, or other healthcare worker is privileged to practice in a hospital or clinic and has filed a written objection, they cannot be required to induce or perform an abortion. The legislation prevents them from being penalized, disciplined, or discriminated against in their employment for not providing an abortion.

Furthermore, employers cannot refuse to employ someone who will not perform abortions if doing so is not part of their job description. Employees of facilities that do not provide abortion services are also protected from any kind of penalties for joining in providing abortion care elsewhere. However, these protections do not apply in medical emergencies or cases of spontaneous abortion, where immediate intervention might be needed.

The law makes it a misdemeanor to require a health care provider to take part in an abortion when that provider has stated their objection to the service. The law protects abortion access and also protects providers from being forced to perform abortions, which shows California’s support for abortion.

Can Minors Access Abortion Services?

Legally, abortion is available to minors without any need for consent from parents or notification. This was in response to a California Supreme Court decision that struck down a prior parental involvement law, citing it imposed an unconstitutional infringement of privacy rights. Therefore, minors have the same access to abortion as adults.

Young people can go to a clinic or doctor’s office and seek abortion care. They can choose a medicine or a surgical abortion depending on what the doctor advises. California’s strict privacy laws provide additional protections for their confidentiality. This system allows young people to make informed choices without outside pressure.

While California allows minors to access an abortion without their parents knowing, they might have to seek parental consent for other medical procedures. 

Abortion Access in California for Out-of-State Residents

Going to California for an abortion is still legal since the state does not impose residency requirements for abortions. California allows people from other states to access care without any legal troubles. 

The state prioritizes privacy safeguards that stop the release of medical information without permission. This is crucial because the state seeks to help those traveling from states where abortion is illegal.

You can access financial support if you are an out-of-state patient through organizations like ACCESS Reproductive Justice and the Women’s Reproductive Rights Assistance Project (WRAP). Moreover, California law protects patients and providers from lawsuits related to abortion bans from other states.

If you are considering traveling, plan the logistics, including transportation, lodging, and possible time off work. 

Civil Liability for Violations of Reproductive Rights

Health and Safety Code § 123469 gives individuals whose abortion rights have been violated an opportunity to pursue civil remedies. When reproductive rights are violated, the person affected may file a civil lawsuit against the responsible party.

Civil suits by individuals whose abortion rights have been violated will generally be against state actors responsible for enforcing or implementing a law, policy, or practice that violates the right to choose or obtain an abortion. The potential defendants include:

  • Public officials — These are any government representatives who create laws or enforce rules that prevent abortions. People can sue if the officials’ actions infringe on an individual's reproductive rights.
  • State and local government agencies—agencies like health departments, law enforcement, or public health offices that implement or enforce abortion restrictions. 
  • Government employees — People, including health inspectors or police, who help enforce abortion policies that violate the Constitution. Public employees can be sued personally, but indemnification provisions may require the employee’s government employer to pay a judgment against them. These provisions protect public employees from personal financial liability when sued for actions taken during their official duties.
  • Healthcare providers — Doctors, hospitals, or clinics can refuse to provide abortions according to a state-directed policy that the courts later find illegal. The provider could be sued if he/she denies care based on government-imposed restrictions.
  • Private individuals or organizations — These are individuals or groups with the capacity and capability of aiding, inciting, or conspiring with the government to impose restrictions on abortion. They can be sued if they participate in a policy-violating HSC 123469.
  • Judicial or administrative bodies — Parties that submit proposals, petitions, or administrative complaints to an authority that are intended to help, encourage, or conspire with state actors to impose abortion restrictions can be named in a lawsuit if they help or conspire with an official action that induces or aids the violation of abortion rights.

Anyone who interferes with the abortion right will have to pay actual damages. In addition to damages, there are penalties to ensure violations will not occur again. A judge or jury may grant exemplary damages against the defendant. These damages aim to punish the defendant since the breach was grave in the court’s eyes. Moreover, a civil penalty of $25,000 for each offense is imposed, with the sum awarded to the plaintiff. This large sum will strongly prevent that from happening in the future.

The law provides preventive relief, which gives the courts the power to grant injunctions, restraining orders, or similar relief to prevent further violations and monetary payment to the aggrieved person.

The law provides a three-year limitation period, within which a person can gather sufficient evidence. 

Protections California Has in Place for Physicians Who Provide Abortions

California law protects physicians who provide abortion services in other states. California’s Medical and Osteopathic Medical Boards cannot take adverse action against someone’s license simply for performing an abortion that is legal in California or because a state board took action against them for doing so.

If another state has disciplined you solely for providing abortion care, the Medical Board of California and the Osteopathic Medical Board of California cannot deny your licensure application or take any action against your licensure application. If you are convicted in another state for an offense only related to the provision of abortion care, then California law prohibits its medical boards from disciplining you for your practice in California. 

All these protections can apply even when a physician has faced legal or professional trouble in a state with restrictive abortion laws. Under California law, a physician will not be penalized or convicted by another state for performing an abortion. 

The law is designed to create a “safe harbor” where a health care provider can perform an abortion without fear regarding whether or not they will have their license or career ruined elsewhere. These are some of the measures in place that enable medical professionals to focus on helping people and the public interest instead of the potentially severe impositions of the states with more significant restrictions on abortion.

Find a Criminal Defense Lawyer Near Me

California has laws in place that protect abortion rights, which ensure access to abortion. In response to a shift in federal reproductive legislation, the state created a system to manage an individual’s autonomy and medical oversight. Healthcare providers and individuals must hire an attorney to help them navigate the complexities. 

If you are facing any criminal charges related to abortion rights, then you should seek legal help. Attorneys at Los Angeles Criminal Attorney are here to support you. We specialize in defending reproductive rights and ensuring we protect your rights should you face abortion-related criminal charges. Contact us today at 424-333-0943 for a free case assessment.