ARTICLE 2.5. Reproductive Privacy Act [123460 - 123469]
( Article 2.5 added by Stats. 2002, Ch. 385, Sec. 8. )
This article shall be known and may be cited as the Reproductive Privacy Act.
(Added by Stats. 2002, Ch. 385, Sec. 8. Effective January 1, 2003.)
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) Every individual has the fundamental right to choose or refuse birth control.
(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) 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.
(Amended by Stats. 2022, Ch. 629, Sec. 5. (AB 2223) Effective January 1, 2023.)
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.
(Amended by Stats. 2003, Ch. 62, Sec. 198. Effective January 1, 2004.)
(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) 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.
(Amended by Stats. 2022, Ch. 629, Sec. 6.5. (AB 2223) Effective January 1, 2023.)
(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) 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.
(Added by Stats. 2022, Ch. 629, Sec. 7. (AB 2223) Effective January 1, 2023.)
(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) Receives or seeks an abortion.
(2) Performs, provides, or induces an abortion.
(3) Knowingly engages in conduct that aids or abets the performance, provision, or inducement of an abortion.
(4) Attempts or intends to engage in the conduct described in paragraphs (1) to (3), inclusive.
(b) The state shall not do either of the following:
(1) Apply a law described in subdivision (a) to a case or controversy heard in state court.
(2) Enforce or satisfy a civil judgment received through an adjudication under a law described in subdivision (a).
(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.
(Amended by Stats. 2023, Ch. 261, Sec. 2. (SB 487) Effective January 1, 2024.)
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) 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) 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 person.
(Amended by Stats. 2022, Ch. 629, Sec. 8. (AB 2223) Effective January 1, 2023.)
(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) Reproductive health care services and gender-affirming health care services, including gender-affirming mental health care services, are subject to paragraph (1).
(b) “Reproductive health” has the same meaning as set forth in
Section 1798.300 of the Health and Safety Code.
(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.
(Added by Stats. 2023, Ch. 260, Sec. 13. (SB 345) Effective January 1, 2024.)
(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) 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) An amount to be determined by a jury, or
a court sitting without a jury, for exemplary damages.
(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) 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) 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) An action under subdivision (b) shall be commenced within three years of the alleged practice violation of this article.
(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) 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) 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.
(Added by Stats. 2022, Ch. 629, Sec. 9. (AB 2223) Effective January 1, 2023.)