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

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.