This article shall be known and may be cited as the Reproductive Privacy Act.
Maternal HealthReproductive Privacy Act
Section § 123460
This section establishes the official name for the law, which is the Reproductive Privacy Act. It serves to identify the specific set of rules that deal with reproductive privacy issues.
Reproductive Privacy citing statutes naming laws
Section § 123462
This law says that everyone has the right to privacy when it comes to their personal decisions about reproduction. This includes making choices about pregnancy-related issues like contraception, sterilization, abortion, and more.
Specifically, the law highlights that each person can decide whether or not to use birth control and whether or not to have an abortion.
The state of California cannot interfere with these fundamental rights unless there are specific exceptions in this law.
The Legislature finds and declares that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions, which entails the right to make and effectuate decisions about all matters relating to pregnancy, including prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care. Accordingly, it is the public policy of the State of California that:
(a)CA Health & Safety Code § 123462(a) Every individual has the fundamental right to choose or refuse birth control.
(b)CA Health & Safety Code § 123462(b) Every pregnant individual or individual who may become pregnant
has the fundamental right to choose to bear a child or to choose to have and to obtain an abortion, except as specifically limited by this article.
(c)CA Health & Safety Code § 123462(c) The state shall not deny or interfere with the fundamental right of a pregnant individual or an individual who may become pregnant to choose to bear a child or to choose to have and to obtain an abortion, except as specifically permitted by this article.
right to privacy reproductive decisions prenatal care
Section § 123464
This section defines key terms related to abortion laws in California. "Abortion" is any medical treatment used to end a pregnancy without intending a live birth. "Pregnancy" starts when an embryo implants. "State" covers all governmental entities in California. "Viability" is when a fetus can likely survive outside the uterus without extreme medical help, according to a doctor's professional judgment.
The following definitions shall apply for purposes of this chapter:
(a)CA Health & Safety Code § 123464(a)
“Abortion” means any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.
(b)CA Health & Safety Code § 123464(b)
“Pregnancy” means the human reproductive process, beginning with the implantation of an embryo.
(c)CA Health & Safety Code § 123464(c)
“State” means the State of California, and every county, city, town and municipal corporation, and quasi-municipal corporation in the state.
(d)CA Health & Safety Code § 123464(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.
abortion definition pregnancy definition embryo implantation
Section § 123466
This law ensures that a woman or pregnant person in California has the right to have an abortion before the fetus can survive outside the womb, or if the abortion is required to protect their health or life. The state cannot interfere with this right.
Additionally, if someone tries to use another state's laws or foreign legal actions to force someone to reveal information about who has had an abortion, they can't be made to do so in California state or local proceedings.
(a)CA Health & Safety Code § 123466(a) The state shall not deny or interfere with a woman’s or pregnant person’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 or pregnant person.
(b)CA Health & Safety Code § 123466(b) A person shall not be compelled in a state, county, city, or other local criminal, administrative, legislative, or other proceeding to identify or provide information that would identify or that is related to an individual who has sought or obtained an abortion if the information is being requested based on either another state’s laws that interfere with a person’s rights under subdivision (a) or a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure.
abortion rights fetus viability health protection
Section § 123467
This law ensures that individuals cannot be held liable, either civilly or criminally, because of actions related to their pregnancy. This includes outcomes like miscarriage, stillbirth, abortion, or certain deaths occurring before birth. It also protects those who help a pregnant person exercise their rights, as long as the pregnant person gives their voluntary consent.
(a)CA Health & Safety Code § 123467(a) Notwithstanding any other law, a person shall not be subject to civil or criminal liability or penalty, or otherwise deprived of their rights under this article, based on their actions or omissions with respect to their pregnancy or actual, potential, or alleged pregnancy outcome, including miscarriage, stillbirth, or abortion, or perinatal death due to causes that occurred in utero.
(b)CA Health & Safety Code § 123467(b) A person who aids or assists a pregnant person in exercising their rights under this article shall not be subject to civil or criminal liability or penalty, or otherwise be deprived of their rights, based solely on their actions to aid or assist a pregnant person in exercising
their rights under this article with the pregnant person’s voluntary consent.
pregnancy outcome liability miscarriage stillbirth
Section § 123467.5
California opposes laws from other states that allow people to sue anyone involved with an abortion, like receiving, performing, or helping in the process. California won't apply such laws in its state courts or enforce judgments from those laws. If any part of this section is found invalid, it doesn't affect the rest of the section.
(a)CA Health & Safety Code § 123467.5(a) A law of another state that authorizes a person to bring a civil action against a person or entity that does any of the following is contrary to the public policy of this state:
(1)CA Health & Safety Code § 123467.5(a)(1) Receives or seeks an abortion.
(2)CA Health & Safety Code § 123467.5(a)(2) Performs, provides, or induces an abortion.
(3)CA Health & Safety Code § 123467.5(a)(3) Knowingly engages in conduct that aids or abets the performance, provision, or inducement of an abortion.
(4)CA Health & Safety Code § 123467.5(a)(4) Attempts or intends to engage in the conduct described in paragraphs (1) to (3), inclusive.
(b)CA Health & Safety Code § 123467.5(b) The state shall not do either of the following:
(1)CA Health & Safety Code § 123467.5(b)(1) Apply a law described in subdivision (a) to a case or controversy heard in state court.
(2)CA Health & Safety Code § 123467.5(b)(2) Enforce or satisfy a civil judgment received through an adjudication under a law described in subdivision (a).
(c)CA Health & Safety Code § 123467.5(c) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
abortion litigation civil action public policy
Section § 123468
This section states that an abortion is not allowed unless it's performed by a health care provider who is legally authorized under specific provisions. Additionally, it's prohibited if performed on a viable fetus unless a doctor believes in good faith that the fetus is viable and the pregnancy is not dangerous to the pregnant person's life or health.
The performance of an abortion is unauthorized if performed by someone other than the pregnant person and if either of the following is true:
(a)CA Health & Safety Code § 123468(a) The person performing the abortion is not a health care provider authorized to perform an abortion pursuant to Section 2253 of the Business and Professions Code.
(b)CA Health & Safety Code § 123468(b) The abortion is performed on a viable fetus, and both of the following are established:
(1)CA Health & Safety Code § 123468(b)(1) In the good faith medical judgment of the physician, the fetus was viable.
(2)CA Health & Safety Code § 123468(b)(2) In the good faith medical judgment of the
physician, continuation of the pregnancy posed no risk to life or health of the pregnant person.
abortion regulations health care provider requirements viable fetus
Section § 123468.5
This law states that California regulations apply to any legal action within the state involving individuals who provide or receive healthcare services related to reproduction or gender affirmation, regardless of whether the service was offered in person or via telehealth. This rule is valid if the healthcare provider was in California or in any state where the service was legal at the time of the service. It also clarifies that 'reproductive health' and 'gender-affirming health care services' are defined in other related legal sections.
(a)Copy CA Health & Safety Code § 123468.5(a)
(1)Copy CA Health & Safety Code § 123468.5(a)(1) California law governs in any action in this state, whether civil, administrative, or criminal, against any person who provides, receives, aids or abets in providing or receiving, or attempts to provide or receive, by any means, including telehealth, the health care services described in paragraph (2) if the provider was located in this state or any other state where the care was legal at the time of the challenged conduct.
(2)CA Health & Safety Code § 123468.5(a)(2) Reproductive health care services and gender-affirming health care services, including gender-affirming mental health care services, are subject to paragraph (1).
(b)CA Health & Safety Code § 123468.5(b) “Reproductive health” has the same meaning as set forth in
Section 1798.300 of the Health and Safety Code.
(c)CA Health & Safety Code § 123468.5(c) “Gender-affirming health care services” and “gender-affirming mental health care services” have the same meaning as defined in paragraph (3) of subdivision (b) of Section 16010.2 of the Welfare and Institutions Code.
healthcare services telehealth reproductive health
Section § 123469
This California law allows individuals whose reproductive rights are interfered with to file a civil lawsuit against those responsible, including state actors. If someone denies these rights or helps in denying them, they are liable for actual damages, exemplary damages set by a jury or court, a $25,000 civil penalty, and preventive measures to stop further violations. Additionally, plaintiffs can receive attorney fees if they win. Such lawsuits must be filed within three years of the violation.
Individuals can also sue under a different civil code if their rights are violated by conduct, law, or regulations, including improper legal actions against them based on pregnancy-related issues. Certain protections for public employees related to indemnification are acknowledged within this section.
(a)CA Health & Safety Code § 123469(a) A party whose reproductive rights are protected by this article and whose reproductive rights are interfered with by conduct or by a statute, ordinance, or other state or local rule, regulation, or enactment in violation of this article may bring a civil action against an offending state actor in a state superior court.
(b)CA Health & Safety Code § 123469(b) Whoever denies a right protected by this article, or aids, incites, or conspires in that denial, is liable for each and every offense for the actual damages suffered by any person denied that right and, in addition, all of the following:
(1)CA Health & Safety Code § 123469(b)(1) An amount to be determined by a jury, or
a court sitting without a jury, for exemplary damages.
(2)CA Health & Safety Code § 123469(b)(2) A civil penalty of twenty-five thousand dollars ($25,000), to be awarded to the person denied the right protected by this article.
(3)CA Health & Safety Code § 123469(b)(3) Preventive relief, including permanent or temporary injunction, restraining order, or other order against the person or persons responsible for the conduct, as the complainant deems necessary to ensure the full enjoyment of the rights described in this article.
(4)CA Health & Safety Code § 123469(b)(4) Upon a motion, a court shall award reasonable attorney’s fees and costs, including expert witness fees and other litigation expenses, to a plaintiff who is a prevailing party in an action brought pursuant to this section. In awarding reasonable attorney’s fees,
the court shall consider the degree to which the relief obtained relates to the relief sought.
(c)CA Health & Safety Code § 123469(c) An action under subdivision (b) shall be commenced within three years of the alleged practice violation of this article.
(d)Copy CA Health & Safety Code § 123469(d)
(1)Copy CA Health & Safety Code § 123469(d)(1) A party aggrieved by conduct or regulation in violation of this article may also bring a civil action pursuant to Section 52.1 of the Civil Code. Notwithstanding Section 821.6 of the Government Code, a civil action pursuant to Section 52.1 of the Civil Code may be based upon instituting or prosecuting any judicial or administrative proceeding in violation of this article.
(2)CA Health & Safety Code § 123469(d)(2) For purpose of establishing liability pursuant to this subdivision, the criminal investigation, arrest, or
prosecution, or threat of investigation, arrest, or prosecution, of a person with respect to their pregnancy or actual, potential, or alleged pregnancy outcome, constitutes “threat, intimidation, or coercion” pursuant to Section 52.1 of the Civil Code.
(e)CA Health & Safety Code § 123469(e) Sections 825, 825.2, 825.4, and 825.6 of the Government Code, providing for indemnification of an employee or former employee of a public entity, apply to any cause of action brought under this section against an employee or former employee of a public entity.
reproductive rights civil lawsuit state actors
