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California Abortion Law - Is abortion legal in California?

Posted by Raoul Severo | Jun 22, 2020 | 0 Comments

What is abortion?

The are several types of abortion depending on several factors ans circumstances. The term abortion generally refers to an induced abortion which means the ending of a pregnancy by removal or expulsion of an embryo or fetus. There are some other types of abortion including spontaneous abortion or miscarriage, that takes place without intervention and occurs in approximately 30% to 50% of pregnancies. The last one is called late termination of pregnancy, and as the name implies, usually is done very close to the due date because of potential risk for the mother or severe fetal deformity of the unborn child. 

Abortion legal implications in California

In general terms, abortion under the law is legal in California State and throughout the whole country of United States. But California has some abortion laws for some specific cases. A law to protect the right to have an abortion in California took place in In August 2018, however in May 14, 2019 the state prohibited abortions after the fetus was viable, usually some point between week 24 and 28.

Abortion Law for a Minor in California 

According to the California Health & Safety Code Section 123450, excluding a medical emergency that demands prompt medical action, no abortion shall be performed upon an unemancipated minor unless she first has obtained the written consent of one of her parents or legal custodian, as well as given her written consent to get the abortion. In the case that the unemancipated pregnant minor is unable to get the consent from one of her parents, she may file a petition with the juvenile court.

Punishment for an illegal abortion in California

The penalty is 30 days imprisonment in jail and fine up to $1000 if the accused is found guilty of unlawful abortion.

The Law Office of Raoul Severo in California

If you are looking for an experienced Criminal Defense Attorney for guidance and assistance about abortion in California, with more than 40 years of experience, the Law Office of Raoul Severo is at your disposal for a free of charge assessment of your case.  

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