California Law & Reproductive Rights
Many women may be unsure of their reproductive and reproductive health rights. Here’s what you need to know about women’s reproductive rights in California.
California law protects women’s reproductive rights in regards to privacy, choice of whether or not to have an abortion, access to maternity and abortion services, and choice of provider. Under California law, women also have the right to birth control, emergency contraception, and testing /treatment for sexually transmitted infections (STDs/STIs).
Right to Privacy
Under Article 1, Section 1 of the California Constitution, Californians have an unalienable right to privacy. This covers privacy and confidentiality with respect to a woman’s choice on whether or not to move forward with a pregnancy and other personal reproductive decisions.
Right to Choose
The California Reproductive Privacy Act explicitly states a woman’s right to decide on her own reproductive concerns. Specifically, it outlines the following reproductive rights:
- A woman’s fundamental right to choose or refuse birth control
- A woman’s fundamental right to choose to bear a child or obtain an abortion
The State of California cannot deny or interfere with a woman’s fundamental right to an abortion prior to fetus viability or when necessary to protect her health. A woman has the right to an abortion for any reason until approximately sixth months after becoming pregnant. During the third trimester, a woman can get an abortion only if the pregnancy poses a significant risk to the woman’s health or life.
If the pregnant individual is a minor, she still has a constitutionally protected right to consent to an abortion without parental permission. A minor’s reproductive information cannot be shared with parents or legal guardians without the minor’s signed consent.
Right to Access Maternity & Abortion Services
To ensure a woman’s access to maternity and abortion services, California requires all state-regulated private health plans, including employer and individual plans, to cover all abortions without medical justification, prior authorization, or referrals. The state covers all abortion services with state-only funds. California also has free or low-cost programs to provide abortion services for women from low-income backgrounds.
Under CA Educ Code § 99251 (2019), California public universities, such as UCs and CSUs, will be required to provide abortion by medication techniques at university student health centers starting January 1, 2023. This will provide expanded access to non-surgical abortion, as well as cater to other needs of pregnant students on campuses.
Right to Choose a Provider
Women have the right to choose their own healthcare provider for reproductive and sexual health care. Specifically, California allows Medi-Cal patients to seek abortion services from any qualified Medi-Cal provider. The state expanded the range of trained health professionals who can provide early abortion care to include nurse practitioners, certified midwives, and physician assistants. This is to ensure that women in rural California areas are able to exercise their right to choose a healthcare provider.
Birth Control & Emergency Contraception
In California, birth control is legal for everyone. Under California State Law (SB-999), all women with private or public healthcare insurance can receive yearlong supplies of birth control from pharmacists. Moreover, women do not need a doctor’s prescription to obtain birth control. A trained pharmacist may prescribe, not just dispense, birth control in California.
STD/STI Testing & Treatment
All individuals have the right to confidential testing and treatment for STIs and HIV. For young women the age of 12 and older, parental permission is not required.
FAQs about Women’s Reproductive Rights in California
Is abortion legal in California?
Yes, abortion is legal in California. A woman has the right to get an abortion in California for any reason until 6 months into the pregnancy. After the second trimester has passed, she may still get an abortion if the pregnancy puts her health or life at risk.
Related: Abortion Laws in California
What are minors’ reproductive rights in California?
Young women in California can consent to and obtain various reproductive and sexual health care services, includes abortions, pregnancy testing, prenatal care, access to birth control, and testing and treatment of STIs and HIV.
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