You're Entitled to an Abortion in California. What Can You Do if You're Denied One?

L

ast week, California’s top officials reaffirmed the state’s role as a haven for reproductive freedoms — as Americans prepare for a second Trump administration that will likely bring an agenda with aims to further restrict reproductive rights after the fall of Roe v. Wade.

“Lawyers from the Attorney General’s Office and my office have been preparing for a potential second Trump term for more than a year,” Gov. Gavin Newsom said in a statement calling for a special session of the legislature issued the day after the election, highlighting the threat to California’s existing laws that protect the right to an abortion within the state. California, Newsom wrote, was “marshaling the arguments and evidence needed to be ready to challenge in court unconstitutional and unlawful federal policies, and to mount robust and vigorous defenses of California’s laws, policies and programs.”

But despite California’s laws around reproductive freedom being some of the strongest in the country, safe access to abortions in the state is still sometimes challenged.

When abortion access is challenged — even in California

Basic accessibility has long been an issue for some Californians, most notably in rural parts of the state or for people with low-income backgrounds.

Last month, the Attorney General’s Office found that the city of Beverly Hills had pressured a landlord to prevent an abortion clinic from opening. This summer, a San Diego woman said a CVS pharmacist refused to fill her prescription for abortion pills, and earlier this year, a former Marine was sentenced to nine years in prison for firebombing a Southern California Planned Parenthood in 2022.

In September, the state sued the Catholic-affiliated Providence St. Joseph Hospital in Humboldt County for allegedly refusing to perform an emergency abortion. The patient in question, Dr. Anna Nusslock, was rushed to another hospital for the life-saving surgery.

California Attorney General Rob Bonta said that Nusslock’s case could be just one of several instances of a patient being denied abortion care in California — something Jennifer Wonnacott, spokesperson for Planned Parenthood Affiliates of California, echoes.

“For every one of those [cases], there’s likely many more we don’t hear about,” she said, noting that Planned Parenthood expects “that it will unfortunately become more of a common story” across the country.

Even as the future of abortion rights in America remains uncertain after the election, you have the right to abortion care in California. Keep reading for what you’re entitled to and what to do if you or someone you know is denied your health rights in California.

Jump straight to:

• What to do if you’re denied an abortion
• Religious objections to providing abortions
• How to report being denied abortion care in California

What is the state of abortion rights in California?

After the overturning of Roe v. Wade in 2022, KQED published a comprehensive guide to abortion rights in California, including details of the types of procedures available and insurance options.

The major takeaways:

• You can get an abortion in California for any reason until roughly six months after conception
• After six months of pregnancy, you can only get an abortion in certain circumstances
• If you’re under 18, you don’t need your parents’ permission to get an abortion in California
• If you have insurance, California requires your providers to cover abortion
• If you are uninsured, there are options for finding a free or low-cost abortion, as well as temporary Medi-Cal coverage

In the November 2022 election, Californians voted to enshrine abortion rights in the state constitution. Since then, California officials have strengthened protections for patients and providers. This includes an executive order that would decline “out-of-state extradition requests related to legal abortions in California” if a person traveled to California for the procedure.

California law also requires hospitals to provide “stabilizing care in an emergency,” Planned Parenthood’s Wonnacott said. “Patients have protections in California to access the care they need,” she said.

If someone is being denied an abortion they need, what can they do?

While being denied abortion care you know you’re entitled to will be an intensely fraught experience, Wonnacott said it’s nonetheless important for patients to “seek the care they need” — even if that means getting to another health center or hospital as an alternative to the provider denying care.

While advocating for yourself in medical situations is ideal, Wonnacott also acknowledged that “a patient’s experience with the medical system can vary greatly,” and “that may not be a comfortable space for patients and their historical experience” — for example, in the context of medical racism. Therefore, “trying to find a provider that is responsive to listening to their concerns is important in these situations,” she said — and that may mean moving on as swiftly as possible to another provider to get yourself the care you need.

What about religious objections to providing abortions?

For years, activists have sounded the alarm over Catholic hospitals denying procedures during emergencies across the country.

The Attorney General’s Office said that “healthcare providers are allowed to refuse to perform abortions for moral, ethical or religious reasons.” But California law does not allow religious objections to take precedence in an emergency situation, such as an emergency abortion, Bonta said.

In his Sept. 30 announcement of the state’s suit against Providence St. Joseph Hospital, Bonta confirmed that religious objections don’t apply when it comes to California’s Emergency Services Law, which mandates that hospitals provide care “necessary to relieve or eliminate the emergency medical condition.”

California’s lawsuit alleges that Providence St. Joseph Hospital denied the patient an emergency abortion her doctors recommended because “fetal heart tones” could be detected. But state law, Bonta said, “applies generally to all emergency care providers.”

“It is not a suggestion or a recommendation; it is the law, and you are duty-bound to follow it,” Bonta said. “You can’t make up your own standard.” Ultimately, however, the patient in the Providence St. Joseph case said she was forced to seek the life-saving treatment at another nearby medical facility.

How can someone report being denied abortion care in California?

After securing the abortion care they need, a patient can then judge whether or not they want to report the experience to any officials.

Attorney General Rob Bonta — California’s top lawyer and law enforcement official — has emphasized his commitment to monitoring cases of denied abortions, especially as his office gears up to fight the incoming Trump presidency. Bonta’s office also encouraged people to reach out to them about abortions they may have been denied by emailing abortion.access@doj.ca.gov.

If “a patient feels comfortable, our office would like to hear their story,” a California Department of Justice (DoJ) spokesperson told KQED by email.

The DoJ is specifically interested in hearing about cases where “you were denied an abortion you needed in a medical emergency, or if you were denied any other emergency or reproductive medical care,” the spokesperson said.

“Please note that you may or may not be contacted after writing to this email address, depending on the needs of the investigation,” the spokesperson said.

The Attorney General’s Office also has a form available for people who want to file a complaint about crisis pregnancy centers, which are organizations designed to look like community health clinics but which actively discourage people from pursuing an abortion. In 2023, these anti-abortion centers — which usually do not have a medical license — outnumbered abortion clinics in California.

The Attorney General’s Office told KQED it would not be able to confirm how widespread cases like Providence St. Joseph Hospital’s are in California in order to “protect the integrity of our investigation.” But Bonta “remains committed to enforcing California laws by using all the tools at his disposal to ensure California continues to be a safe haven for those seeking essential reproductive health care, including abortion care,” the spokesperson said.

If you have issues with insurance covering the abortion, ACLU NorCal said you can try filing a grievance directly with the plan. In addition, you can file a complaint with the California Department of Managed Health Care, California Department of Insurance or a company complaint.

To file a complaint about a doctor, you can file with the Medical Board of California.

If you suspect you are being discriminated against by an employer or a health care provider for having or getting an abortion, you can reach out to the California Civil Rights Department or a local ACLU office.

KQED also has a guide on how to call or reach your representative or elected official about a matter that’s important to you.

More resources and guides:

• Know your rights from the American Civil Liberties Union Northern California and the ACLU Southern California, including details for minors and individuals in jails and prisons.
• Southern California Legal Alliance for Reproductive Justice (310-206-4466 or larj@law.ucla.edu)
• The State of California’s abortion resources, including how to pay for an abortion and your right to privacy.
• Abortion for foster youth
• Abortion accessibility for people with disabilities
• Repro Legal Helpline (844-868-2812)
• Planned Parenthood Northern California
• Legal aid services in the Bay Area, which may offer health care services