In California
In California, abortion is legal until the unborn child is considered viable. Connect with your local family policy council to stay up-to-date on the pro-life movement in your state. Then, keep reading to find out more about what abortion law would be in your state after Roe.
Connect with California Family Council
THE BIG QUESTION
After Roe, does my state ban nearly all abortions or allow nearly all abortions?
California allows nearly all abortions. It has established in its laws a supposed right to choose to have an abortion. Cal. Health & Safety Code § 123462.
WHAT’S NEXT
What is my state’s next step in the fight for life, now that Roe is overturned?
California’s political establishment has tragically embraced the most extreme elements of the abortion movement. We must expose and resist Sacramento’s attempts to incentivize out-of-state residents to travel to California to end their children’s lives. Pro-life citizens also need to urge lawmakers to stop treating prenatal care, labor and delivery, and postpartum recovery as afterthoughts in healthcare, employment, and budgetary policy.
MORE ABOUT YOUR STATE’S ABORTION LAWS
Below, we’ve summarized what abortion laws would are in your state after Roe.
Abortion Limits, Exceptions and Enforcement
Limitations on abortions
If my state won’t ban all abortions, what are the limits to abortion?
Abortion is banned after the fetus is considered viable, unless it is performed by the pregnant woman. (Cal. Health & Safety Code § 123468 (2014)).
Exceptions to any limitations
Are there any exceptions to those limitations placed on abortion?
It is an exception to the viability ban if the mother’s life is in danger. (Cal. Health & Safety Code § 12466 (2003)).
Penalties for performing an illegal abortion
What are the penalties to abortion providers for committing an illegal abortion (one of the forms of abortion that my state has limited under the law)?
None
Enforcement
When abortion laws are violated, who can file a lawsuit to enforce their rights and the law?
Any person. Cal. Health & Safety Code § 123467.5 (2022).
Special standards of care
Does my state impose a special medical standard of care on abortion providers?
No
Protecting Fundamental Rights
Parents
Does my state give parents the right to consent for their child to get an abortion?
The California Supreme Court has held that requiring parental consent for minors to receive an abortion is unconstitutional. American Academy of Pediatrics v. Lungren, 16 Cal 4th 307, 322 (1997).
Medical professionals
Does my state have conscience protections for medical professionals who do not want to participate in abortions?
Yes. Cal. Health & Safety Code § 123420 (1996).
Babies Born Alive
Are there legal protections for babies born alive following a botched abortion in my state?
Medical treatment given to children born alive during an abortion must be the same as an infant born prematurely. Cal. Health & Safety Code § 123435 (1996)
Safety & Health of Women
Physician-only requirement
Does an abortion have to be provided by a licensed physician in my state?
Yes: one must be a licensed physician in order to perform an abortion Cal. Health & Safety Code § 123468(a); Cal Bus. & Prof. Code 2253(b)(1)
Informed consent
Does my state’s law require that a woman give informed consent and/or receive counseling prior to allowing an abortion to be performed?
No
Waiting period
Does my state place any waiting requirement on abortion so that a mother has more time to decide?
No