Is Abortion Always Legal in California?
California is generally considered a permissive state regarding its abortion laws. Women in the state have a fundamental right to exercise their own health care decisions, including the right to decide whether or not to terminate their pregnancy. However, there are certain restrictions California places on the time and method of abortion services. Running afoul of these restrictions could end up leading to criminal charges.
Limitations on Abortion Rights in California
Even though the Supreme Court granted all women the right to choose an abortion in the 1973 case of Roe v. Wade, abortion laws vary from state to state in America. State laws can still limit the right to terminate a pregnancy with reasonable laws. Some states have gone so far as to almost entirely restrict legal access to abortion through various regulations on the timing, place, and method medical providers can use. California is not one of those states.
Usually, a woman in California can legally choose to terminate her pregnancy through medicinal means, including minors under the age of 18. However, there are two significant restrictions that you should understand. First, California places a limit on how developed the fetus can be. Second, the only people allowed to perform abortions are qualified medical professionals.
A Viable Fetus Cannot Be Legally Aborted
California law does not generally allow a viable fetus to be terminated via an abortion. There is no specific date at which a fetus becomes viable. A doctor makes the determination of viability on a case-by-case basis.
A viable fetus is one that can live outside of the uterus on its own. If the fetus would need the help of extraordinary medical measures to survive, it is not viable. These measures can include NICU incubators or respirators. While there is no bright-line rule on when a fetus is viable, healthy development past the 23rd week of pregnancy can generally survive. Additionally, fetuses weighing greater than 500 grams are typically considered viable without any other health issues.
Who Can Provide a Legal Abortion?
There are two different methods of legal abortion: surgical intervention and medication. Under California law, the requirements for who can provide an abortion vary depending on the type of procedure.
For surgical abortions, only licensed medical professionals can legally provide their services. If the doctor’s license is suspended or revoked, they cannot proceed with an abortion operation. Any surgery performed to abort a fetus by an unlicensed individual is an illegal abortion.
Medication abortions are different from surgical operations. First, they must be carried out during the first trimester of the pregnancy. Once a fetus has developed past 12 weeks, a surgical abortion is the only legal option. Secondly, a wider pool of professionals can provide legal abortions by medication.
These professionals include:
- Doctors
- Nurse-midwives
- Licensed nurses
- Physician’s assistants
- Nurse practitioners
If you’re facing criminal charges based on abortion, you need a knowledgeable lawyer on your side. The criminal defense team at Chambers Law Firm can help defend your rights. If you need help in Fountain Valley, California, contact our office at 714-760-4088 or dchambers@clfca.com to schedule a free consultation.
