By John Mascolo, Esq. | Legally reviewed by FindLaw Staff | Last reviewed May 30, 2024
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Abortion is legal in California until fetal viability. Thereafter, abortion is legal if a physician certifies that continuation of the pregnancy poses a risk to the pregnant person's life or health.
Everyone has their own opinion on the debate over abortion. For decades, the U.S. Supreme Court had protected a woman's right to abortion, placing it in a right to privacy inherent in the U.S. Constitution.
In Dobbs v. Jackson Women's Health Organization, the Supreme Court issued its decision overturning Roe v. Wade, the case that had recognized a federal constitutional right to have an abortion. Dobbs returned the matter of abortion regulation to the states.
The ruling in Dobbs upended settled law in the area of privacy and reproductive rights. It had no impact on California law, which already protected the right to abortion until fetal viability.
Abortion laws in California are less restrictive than those in many other states, which may impose waiting periods, consent requirements, strict facility codes for abortion clinics, or other regulatory requirements.
In California, nurse midwives, physician assistants, and nurse practitioners with the proper training are allowed to perform certain first-trimester abortions and provide abortion medication.
California law also permits post-viability abortions where a physician concludes that continuation of the pregnancy poses a risk to a pregnant person's life or health. This presents greater discretion to patients and physicians faced with difficult circumstances later in pregnancy.
In November 2022, California voters approved Proposition 1, which amended the state constitution to expressly protect the right to abortion and the right to contraception.
Both California Governor Gavin Newsom and California Attorney General Rob Bonta are Democrats who support reproductive rights. The state legislature also contains a Democratic majority in both the State Assembly and the State Senate.
After the Dobbs decision, California anticipated that out-of-state patients would seek out abortion providers in California. It passed laws prohibiting law enforcement from investigating abortions at the request of other states when the abortions are legal under California law.
Unlike many other states, California does not require minors to obtain parental consent to receive an abortion. The minor patient's right to provide their consent is based on state case law and not on any statute.
California had passed a statute to require either parental consent or a court order, also called judicial bypass, in cases involving a minor's abortion. Before that statute became law, it was declared unconstitutional by the California Supreme Court based on California's constitutional guarantee of a right to privacy. State lawmakers have since repealed the original statute.
This article focuses on the basic provisions of California abortion laws. The chart below provides a helpful, plain-language summary of statutes that comprise California's laws, with links to important code sections.
Relevant California Abortion Laws |
California Constitution Article I - Declaration of Rights
California Health & Safety Code Division 106 - Personal Health Care, Part 2 - Maternal, Child, Adolescent Health, Chapter 2 - Maternal Health Article 2 - Abortion
Article 2.5 - Reproductive Privacy Act
California Business and Professions Code Division 2 - Healing Arts; Chapter 5 - Medicine; Article 12 - Enforcement
California Education Code Title 3 - Post-secondary Education, Division 14 - Miscellaneous, Part 65 - Miscellaneous Chapter 5.5 - Student Health Care Services
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|---|---|
When Is Abortion Legal? |
Abortion is legal in California until fetal viability. Thereafter, abortion is legal if a physician certifies that continuation of the pregnancy poses a risk to the pregnant person's life or health. |
Consent Requirements |
Whether an adult or a minor, standard written consent requirements apply consistent with any medical treatment or procedure. Minors (persons under 18) are not required to obtain the consent of a parent or guardian or a court. |
Penalty for Unlawful Abortion |
California's abortion statutes make abortion unlawful when committed after fetal viability when the pregnancy poses no risk to the pregnant person's life or health. The statutes do not include any specific criminal penalty for performing an unlawful abortion. California law includes the intentional killing of a fetus in its definition of murder. However, the law provides exceptions in cases where the person causing the death of the fetus is acting in compliance with the state's abortion laws or when such conduct occurs at the request or with the consent of the pregnant person. |
Residency Requirements for Patients |
None. |
Physician Licensing Requirements |
In the first trimester, medication and aspiration abortions can be induced or performed by licensed physicians, nurse/midwives, nurse practitioners, and physician assistants. After the first trimester, abortions can be performed by licensed physicians. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.
California abortion law is more permissive than many other states. The California courts have recognized a right to abortion since 1969, prior to Roe v. Wade. The state constitution recognized a right to privacy in 1974. State law has permitted legal abortion up until fetal viability for decades.
After the release of the Dobbs decision in 2022, which reversed Roe and ended federal constitutional protection for abortion rights, California took several actions granting further protections for reproductive rights. In November 2022, Californians passed Proposition 1, a state constitutional amendment protecting a fundamental right to abortion and contraception.
By permitting abortion until fetal viability, California falls in line with the majority of states. In contrast, some 17 states have enacted bans that prohibit most abortions.
In neighboring Arizona, the Arizona Supreme Court reinstated an 1864 near-total abortion ban. As Arizona lawmakers took steps to repeal the 1864 law, California lawmakers worked to pass laws to temporarily permit Arizona doctors to perform abortions in California.
State lawmakers have also enacted laws that signal non-cooperation with any other state's efforts to investigate or prosecute persons seeking abortion care in California.
In the U.S., most abortions occur in the first trimester of pregnancy. A recent study states that medication abortion accounts for some 63% of abortions.
The Food and Drug Administration (FDA) approved the use of the common two-drug abortion pill regimen in 2000. The FDA later amended its rules to expand the use of these drugs via telemedicine and the delivery of prescriptions through the mail.
In 2022, abortion opponents filed a federal lawsuit in Texas. They sought to roll back FDA approval of mifepristone, one of the two drugs used in medication abortions. A separate lawsuit seeking to maintain access to these drugs was filed by states where abortion remains legal.
The U.S. Supreme Court intervened and stayed all lower court rulings while it heard the case. It permitted ongoing access to mifepristone. A final decision is expected in 2024.
Abortion laws are in a state of constant change as more time passes since the Dobbs decision.
Given the different abortion laws across jurisdictions, navigating the emotional and legal ramifications of an unexpected pregnancy is not an easy task. For more information, you may want to visit the following sections:
The availability of abortion care depends on where you live. Where states restrict access to reproductive health care information, it can be challenging to understand your rights.
While California provides greater access to abortion services than other states, it's 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 speak to a family law attorney near you.
Contact a qualified attorney.
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