Q: Can you clarify if abortion is legal in California? What is the basic law here?
T.B., Cypress
A: Under California law, it is legal to have an abortion before viability. A pregnancy becomes viable when a physician makes the determination that the fetus could survive outside the womb (research indicates this occurs around 24 to 26 weeks of pregnancy). Abortion also is legal in California if necessary to protect the life or health of the patient.
Note that providers are entitled to refuse to make abortion services available, based upon their personal beliefs. Providers do not have the right to impose their views on the patient, however, or preclude her from choosing to have an abortion.
Q: Is an abortion covered by my health insurance?
T.C., Anaheim
A: Research indicates that most private insurance plans in California will cover an abortion, which is considered basic health care here. That said, not all plans cover abortion, so it is necessary to carefully check your plan details. Further, I cannot state in any given instance what portion may have to be paid by you; again, check your plan for details.
MediCal enrollees are covered with regard to abortion.
Q: If someone lives elsewhere, in another state, can she come here to California for an abortion?
M.S., Torrance
A: It is not required that a patient be a California resident to receive abortion care here. She can travel here if need be. Also, it bears noting that providers who come here to provide an abortion are protected as well.
Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
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