The Reproductive Privacy Act

Cal. Health & Safety Code § 123460 (2011)

This article shall be known and may be cited as the Reproductive Privacy Act.

Cal. Health & Safety Code § 123462 (2011)

The Legislature finds and declares that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions. Accordingly, it is the public policy of the State of California that:

(a) Every individual has the fundamental right to choose or refuse birth control.

(b) Every woman has the fundamental right to choose to bear a child or to choose and to obtain an abortion, except as specifically limited by this article.

(c) The state shall not deny or interfere with a woman’s fundamental right to choose to bear a child or to choose to obtain an abortion, except as specifically permitted by this article.

Cal. Health & Safety Code § 123464 (2011)

The following definitions shall apply for purposes of this chapter:

(a) “Abortion” means any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.

(b) “Pregnancy” means the human reproductive process, beginning with the implantation of an embryo.

(c) “State” means the State of California, and every county, city, town and municipal corporation, and quasi-municipal corporation in the state.

(d) “Viability” means the point in a pregnancy when, in the good faith medical judgment of a physician, on the particular facts of the case before that physician, there is a reasonable likelihood of the fetus’ sustained survival outside the uterus without the application of extraordinary medical measures.

Cal. Health & Safety Code § 123466 (2011)

The state may not deny or interfere with a woman’s right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the woman.

Cal. Health & Safety Code § 123468 (2011)

The performance of an abortion is unauthorized if either of the following is true:

(a) The person performing or assisting in performing the abortion is not a health care provider authorized to perform or assist in performing an abortion pursuant to Section 2253 of the Business and Professions Code.

(b) The abortion is performed on a viable fetus, and both of the following are established:

(1) In the good faith medical judgment of the physician, the fetus was viable.

(2) In the good faith medical judgment of the physician, continuation of the pregnancy posed no risk to life or health of the pregnant woman.