Abortion Laws in California
In the US, abortion is legal across all states. However, each state can have its own limits regarding the legality of certain actions regarding abortion. Therefore, it is important that a person knows what their rights are with regard to performing or undergoing an abortion in California. This article will provide a brief overview; however, it is important to speak with a medical professional and/or legal counsel when considering the option.
State Laws
As mentioned previously, women in California have the right to have an abortion. While this right exists, there are some limits attached to it. These limits have to do with the fetus and the health of the mother. Above all else, though, an abortion is only legal in the state if it is carried about by the appropriate medical professional (as deemed by law). The medical professional must have a license to conduct a surgical abortion. If anyone else performs the abortion, criminal charges come into the mix.
For the mother, she can exercise her right to have an abortion as long as the fetus is not considered viable or if an abortion is necessary for the health or life of the mother. For example, if a pregnancy has complications and could result in the possible death of the mother, she can have an abortion. Furthermore, the topic of a fetus being viable is controversial across many states. California considers a fetus to be viable if a doctor has determined that the fetus could survive outside of the mother’s uterus.
A minor abortion in California
In some cases, the pregnant person can be a minor. A minor can also have an abortion in California as long as the minor submits written consent as well as at least one of the minor’s parents. Both forms of written consent must exist prior to a medical professional considering performing abortion. A minor could have an abortion without written consent from one parent, but this would require the minor to argue their case in court.
While women in California have the right to have an abortion (as long as not prohibited by a legal limitation as discussed), medical professionals are also allowed to refuse to perform an abortion. If a person considering an abortion has questions regarding the legality of the procedure and their rights, they are encouraged to speak with a lawyer.
