Multiple time award-winning criminal defense attorney Michael Scafiddi explains California's abortion laws, and how they have been affected by the recent overturn of Roe v. Wade by the United States Supreme Court.
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With the recent overturn of federal protections for the abortion rights of women in the United States, there is a lot of confusion and worry across the nation about women's reproductive rights. Women seeking an abortion in California will be happy to know that the recent overturn of Roe v. Wade by the United States Supreme Court did not affect abortion rights in the state of California at all. Below are the 5 most important facts to know about California laws in support of abortion rights.
1.) California does not have a "trigger law" that would ban abortion after Roe v. Wade is overturned. Many other states across the country have trigger laws in affect that put almost immediate bans on any abortions being performed. Therefore abortions are still legal and will remain legal for the foreseeable future here in the state of California. It is important to note though, that there are regulations regarding safe and legal abortions here in California, which we will discuss later in this list.
2.) In order for most surgical abortions to be legal in California, the fetus must not yet be viable. Usually the date for viability is within 23 weeks. So as long as as the abortion is performed within 23 weeks of conception, then the abortion is most likely legal in California. There is one major exception to the 23 week rule, however, and that's when there is a threat to the health and safety of the mother. If the mother is in danger of death or serious harm due to the pregnancy, then a surgical abortion is legal in California, no matter how far along the pregnancy is.
3.) Legal medication abortions have a much shorter window of time than surgical abortions. In California abortion pills (sometimes called plan B) can only be taken within the first 10 weeks of pregnancy.
4.) Minor girls under 18 years of age in California, have the exact same rights to abortions as adult women do. Minors do not need to get parental consent to get an abortion.
5.) Finally, California is proud to be a sanctuary state for out-of-state mothers who wish to come to California to obtain an abortion. At this time (July 2022) there is no law within California prohibiting out-of-state mothers from traveling to California and getting an abortion here. There is also no federal law against receiving an abortion in another state. However it is possible that a mother's home state may pass a law limiting or prohibiting residents of that state from obtaining abortions in California or other states. So it is wise to check the laws in your home state before traveling to another state for an abortion.
Shouse California Law Group is a criminal defense law group that represents clients with criminal cases in the state of California. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.
