State Abortion Laws in California

1. How accessible is abortion in California?


Abortion is legal and accessible in California. According to Planned Parenthood, 97% of California counties do not have any abortion clinics, so access can be limited in more rural and remote areas. The state also provides funding for abortion services for low-income women.

2. What is the legal gestational limit for abortion in California?


In California, the legal gestational limit for abortion is 24 weeks.

3. Does California require parental involvement for minors seeking an abortion?


Yes, California requires parental involvement for minors seeking an abortion. Minors aged 14 and below must have the consent of a parent or legal guardian, while minors aged 15 and above must inform their parent or legal guardian of their intent to obtain an abortion. In cases where parental consent or notification is not feasible or appropriate, a court order may be requested.

4. Does California mandate waiting periods before an abortion?


Yes, California requires a 24-hour mandatory waiting period before a woman can have an abortion.

5. Does California require the disclosure of any information prior to an abortion?


Yes. California requires that prior to an abortion, health care providers must provide patients with information on the risks and benefits of the procedure, the potential risks of carrying the pregnancy to term, and options for contraception. Patients must also be offered an opportunity to discuss questions or concerns with their health care provider.

6. Does California provide public funding for abortion services?


Yes, California does provide public funding for abortion services. California’s state budget includes a line item of $20 million per year which is used to fund Medi-Cal coverage for abortion services for low-income women.

7. Are there any exceptions to the gestational limit in California?


Yes, in California, there are exceptions to the gestational limit. For instance, if the life or health of the mother is at risk due to a medical condition, a physician may authorize an abortion past the gestational limit. Additionally, if the pregnancy is the result of rape or incest, the gestational limit may not apply.

8. Can a physician or medical facility refuse to provide abortion services in California?


Yes, a physician or medical facility can refuse to provide abortion services in California. Under California law, healthcare providers are not required to provide abortion services if they have a religious or moral objection. Furthermore, California’s Reproductive Freedom, Accountability, Comprehensive Care, and Transparency (FACT) Act grants healthcare providers the right to refuse to perform an abortion, provide any materials necessary for an abortion, or refer for an abortion.

9. Are there any laws related to medication or surgical abortions in California?


Yes. California is known for having some of the most progressive laws in the United States related to medication and surgical abortions. A woman in California can access a medication or surgical abortion without parental consent or notification, at any gestational age, and without specific state-mandated counseling. In addition, abortion providers in California are required to offer accurate information about the procedure and its risks and benefits, as well as available contraceptive methods to reduce the risk of unintended pregnancy in the future.

10. Is informed consent required by providers before performing an abortion in California?


Yes, informed consent is required by providers before performing an abortion in California. The California Health and Safety Code requires that a physician or a qualified healthcare provider must obtain a woman’s voluntary and informed consent prior to performing an abortion. This includes providing the woman with verbal and written information about the risks and benefits of the abortion procedure, as well as other information such as abortion alternatives and fetal development.

11. Does California allow for the provision of telemedicine abortion services?


Yes, California does allow for the provision of telemedicine abortion services. In August 2020, the California Department of Managed Care issued a statement that telemedicine abortion services are covered in the state.

12. Are specific medical facilities required to provide abortions in California?


No, specific medical facilities are not required to provide abortions in California. However, all healthcare facilities are required to provide abortion referrals if requested by a patient. Additionally, public hospitals that receive Medi-Cal reimbursement are required to provide abortions.

13. Does California have any regulations regarding the provision of post-abortion care?


Yes, California has regulations regarding the provision of post-abortion care. The California Department of Public Health regulates post-abortion care for abortion services that are provided in a clinic or physician’s office. These regulations include requirements for informed consent, counseling, follow-up care, and reporting of complications. Additionally, California has enacted the Abortion Care Act, which requires that all health plans provide coverage for abortion services and post-abortion care.

14. Does California have any restrictions on abortion protestors near clinics or medical facilities providing abortions?


Yes, California has restrictions on abortion protestors near clinics or medical facilities providing abortions. According to California Penal Code Section 602.1, it is illegal for any person to intentionally interfere with access to any facility providing reproductive health services in California, including abortion services. This includes protesting within 8 feet of a person entering the facility, verbally harassing or intimidating patients or clinic staff, and physically blocking the doorway or driveway.

15. Can health insurance plans cover abortion services in California?


Yes. California law requires all health plans to provide coverage for medically necessary abortion services. This includes Medi-Cal, the California version of Medicaid.

16. Are there any requirements for the disposal of fetal tissue after an abortion in California?


Yes. According to the California Code of Regulations, Title 17, Section 3063, “fetal tissue” must be disposed of in accordance with California Health and Safety Code Section 123025. These regulations state that fetal tissue must be disposed of through interment, cremation, incineration, or other approved methods. Approved methods include steam sterilization and chemical treatment.

17. How are fetal remains handled after an abortion in California?


In California, the fetal remains are handled according to state law. Generally, the healthcare provider performing the abortion must arrange for the disposal of the fetal remains. Depending on the gestational age of the fetus, it may be buried or cremated. The healthcare provider is also required to offer the patient a range of options for the disposal of the fetal remains, including burial, entombment, or donation for medical research or education, unless the patient indicates that they do not wish to make such a choice. In some cases, such as when the patient is a minor or cannot make an informed decision, a parent or guardian may be asked to make the decision regarding disposition.

18. Does California recognize gestational and fetal age based on ultrasound measurements?


Yes, California does recognize gestational and fetal age based on ultrasound measurements. According to the California Department of Public Health, gestational age is the “time elapsed since the first day of the last menstrual period” and is typically measured in weeks. Fetal age is a measure of how far along the pregnancy is and is typically measured in weeks or months. Ultrasounds can be used to calculate both gestational and fetal age.

19. Are there any laws related to informed consent for minors seeking an abortion in California?


Yes. In California, minors seeking an abortion must get permission from a parent or guardian before they can receive the procedure. Minors who are unable or unwilling to obtain parental consent can instead obtain a court order granting them permission to receive the abortion. The court will consider the minor’s maturity level and their ability to make informed decisions before granting permission. In some cases, the court may appoint a guardian ad litem (GAL) to represent the minor during the process.

20. Is there a judicial bypass process to allow minors to obtain an abortion without parental consent in California?


Yes, minors in California may obtain an abortion without parental consent if they meet certain criteria. The minor must appear before a judge in the county where they live and show that they are mature enough to make the decision without parental consent, or that an abortion is in their best interests. The judge will then decide whether to grant the minor permission to proceed without parental consent.