Special Report – Abortion in California

This report includes extensive documentation via electronic links

For Release January 20 More info 800 924-2490

CALIFORNIA LAW: ABORTION ON DEMAND AND ABORTION WITHOUT LIMITS–WHAT THE CURRENT LAW REALLY SAYS

FEDERAL ABORTION LAW — AUTHORIZES ABORTION ON DEMANDThe expansive definition of health given in Doe v. Bolton, 410 U.S. 179, 192 (1973) as including “all factors – physical, emotional, psychological, familial, and the woman’s age” controls the extent of the abortion right announced in Roe v. Wade, 410 U.S. 113, 153 (1973) and affirmed in Planned Parenthood of Southeastern PA v. Casey, 505 U.S. 833, 871 (1992). In effect, since any prohibition on late-term abortions must include an exception for the life and health of the mother, the exception eviscerates any ban a state may want to impose and results in abortion on demand throughout all nine months of pregnancy.

The official report of the U.S. Senate Judiciary Committee issued in 1983 confirmed this: “‘As a result of the Roe decision, a right to abortion was effectively established for the entire term of pregnancy for virtually any reason, whether for the sake of personal finances, social convenience, or individual lifestyle … Thus, the Committee observes that no significant legal barriers of any kind whatsoever exist today in the United States for a woman to obtain an abortion for any reason during any stage of her pregnancy.’” (Report, Committee on the Judiciary, U.S. Senate, on Senate Joint Resolution 3, 98th Congress, 98-149, June 7, 1983, p. 6)

CALIFORNIA ABORTION LAW — GOVERNMENT FUNDED ABORTION ON DEMAND THROUGHOUT ALL NINE MONTHS OF PREGNANCY

The language of California’s Abortion Statute CA Health and Safety Code Sec. 123468 follows the ruling of Casey in including the life and health exception to authorize abortions on viable babies. This means abortion on demand throughout all nine months, whenever the paid abortionist chooses to do it, as he can apply psychological, emotional and ‘age ‘ considerations in any way he wishes.

The Medi-Cal Provider Manual published by the CA Department of Health Care Services states on page one that abortion is a covered benefit regardless of the gestational age of the fetus, and that medical justification and authorization for abortion are not required.

True to the real meaning of Roe/Doe/Casey, California allows state-funded abortion on demand throughout all nine months of pregnancy.

ABORTION REGULATIONS in Title 22 of the California Code of Regulations were repealed in 2014.

CA BORN ALIVE INFANTS’ PROTECTION ACT – unenforced, ignored, and meaningless

CA Health and Safety Code Sec. 123435 states that a child born alive after an abortion has the same rights to medical care as an infant prematurely born spontaneously. This law is ignored.

Because  California does not require abortion providers to report to the state, California is paying for abortions on children up to the point of natural birth, with no oversight or mechanism for enforcement. There is no ability to protect children born alive in the course of abortion despite the compelling state interest to do so.