{"id":3329,"date":"2018-04-11T20:18:54","date_gmt":"2018-04-11T20:18:54","guid":{"rendered":"https:\/\/vikbajaj.wpengine.com\/?p=3329"},"modified":"2018-04-11T20:18:54","modified_gmt":"2018-04-11T20:18:54","slug":"understanding-california-abortion-laws","status":"publish","type":"post","link":"https:\/\/aquahealphysiotherapy.com\/vblaw\/understanding-california-abortion-laws\/","title":{"rendered":"Understanding California Abortion Laws"},"content":{"rendered":"

Abortion is one of the most hotly-contested political issues in the country. Whether you are for it or against it, chances are you have a strong opinion about whether abortion<\/a> should be legal. Thanks to Roe v. Wade, women have the right to choose whether or not to terminate a pregnancy. However, there are limitations placed on this right. Most regulations are imposed by state law. California boasts some of the country\u2019s least restrictive abortion laws<\/a>.<\/p>\n

What is Abortion?<\/h2>\n

Abortion is defined in California\u2019s Reproductive Privacy Act<\/a> to mean \u201cany medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.\u201d In other words, abortion means ending a pregnancy before it comes to term and a child is born naturally.<\/p>\n

When Can an Abortion Can be Performed?<\/h2>\n

Women in California have the \u201cfundamental right\u201d to make the choice between giving birth or getting an abortion. However, there are some restrictions on when women can exercise this fundamental right to choose. Abortions may be prohibited when (a) the pregnant woman is a minor or (b) the fetus is viable.<\/p>\n

Minor<\/h3>\n

Women who are under the age of 18 are not expressly prohibited from getting an abortion. However, unemancipated minors must have the consent of a parent or guardian before the medical procedure can be done.<\/p>\n

Viability<\/h3>\n

Abortions in California are prohibited when a fetus is viable. When is a fetus considered viable? While the point in the pregnancy where a fetus will be viable will generally be the same, the answer will depend on each specific case.<\/p>\n

The Reproductive Privacy Act explains that a fetus is viable when:<\/p>\n

    \n
  1. The good faith medical judgment of a physician<\/li>\n
  2. Based on a review of the fact of a specific case and pregnancy<\/li>\n
  3. Finds that there is a reasonable likelihood<\/li>\n
  4. That the fetus would survive outside of the womb<\/li>\n
  5. Without using extraordinary medical measures.<\/li>\n<\/ol>\n

    In other words, a fetus will be considered viable when a physician believes that it could survive on its own if it were born at that moment in time.<\/p>\n

    It is important to note that abortions are not illegal if terminating the pregnancy is \u201cnecessary to protect the life or health of the woman.\u201d California does not require a pregnant woman to sacrifice her life for her unborn child\u2019s.<\/p>\n

    When is Abortion Illegal?<\/h2>\n

    There are limited times when the state may interfere with a woman\u2019s right to choose between giving birth and abortion. Abortion is illegal if (a) the fetus is viable and not a threat to the mother, or (b) performed by an unqualified professional. In California, the individuals who perform unauthorized abortions can face some significant criminal consequences.<\/p>\n

    Abortions Not Performed By Appropriate Healthcare Professional<\/h3>\n

    Only certain healthcare professionals are authorized to perform surgical and non-surgical abortion procedures in California. \u00a0CA Bus & Prof Code \u00a7 2253<\/a> explains that qualified individuals must have a \u201cvalid, unrevoked, and unsuspended license to practice as a physician and surgeon\u201d or other certificate authorizing their participating in the procedure. Healthcare professionals that may secure the proper credentials include:<\/p>\n