Miscarriage Laws In California (2026): Your Complete Legal Guide

Okay, let’s talk about something really important that confuses a lot of people. California’s laws around miscarriage are actually pretty clear, but most people have no idea what they say. Here’s the thing you need to know right now: California protects pregnant people who have miscarriages. You won’t face criminal charges for having a miscarriage.

But wait, there’s more to understand. Your medical privacy matters. You have rights when dealing with healthcare providers. You also have legal protections if someone or something causes you to lose a pregnancy. Let’s break down exactly what these laws mean for you.

What Counts as a Miscarriage in California Law?

Honestly, this part matters more than you might think. California defines a miscarriage as a pregnancy loss before the fetus can survive outside the womb. We’re talking about a fetus that weighs less than 350 grams (about 12 ounces). That’s roughly 20 weeks of pregnancy, though it can vary.

Sound complicated? It’s actually straightforward. If you lose a pregnancy naturally before this point, it’s a miscarriage under California law. The key word here is “naturally.” Miscarriages happen on their own. Your body ends the pregnancy without any intervention or action on your part.

California’s Key Protection: You Cannot Be Prosecuted

This is the biggest thing to know. California law says that you absolutely cannot be prosecuted for having a miscarriage. Not for anything you did. Not for something you didn’t do. It’s protected, period.

How do we know this? California Penal Code Section 187 (the law about killing) specifically excludes miscarriages. Basically, the law says that a fetus cannot be killed before it becomes viable. When you have a miscarriage, you’re not “killing” anything under California law. You’re experiencing a pregnancy loss.

Not sure what “viable” means? It’s a legal term that means the fetus could potentially survive outside your body with medical care. That’s typically around 24 weeks of pregnancy, give or take. Before that point, California doesn’t treat pregnancy loss as a criminal matter when it happens naturally.

Your Privacy Rights After a Miscarriage

Here’s where it gets interesting for your real life. When you go to the hospital or see a doctor, they’ll ask questions. They might want details about what happened. You have the right to medical privacy in California.

Doctors can’t share your medical information without your permission. There’s something called HIPAA, which is a federal law. California also has its own strong privacy laws. So when you’re dealing with healthcare providers after a miscarriage, they can’t just tell people about it.

Wondering if police can access your medical records? Good question. They would need a warrant or a very specific legal reason. Even then, California protects certain medical information. Your healthcare provider might fight to keep your records private.

Criminal Laws You Should Know About

Okay, pause. This is important information. California has laws against things that can hurt a pregnancy. Let’s talk about what’s actually illegal.

If someone deliberately causes you to lose a pregnancy against your will, that’s a crime. We’re talking about someone who physically attacks you. Or someone who gives you something harmful without your consent. This falls under California assault laws and can result in serious consequences.

What about someone negligently (carelessly) causing a miscarriage? Like a driver who hits your car and you lose the pregnancy. You could potentially sue that person in civil court. But criminal charges would be harder to prove. You’d need to show they acted with specific intent to cause the loss.

Here’s where it gets more serious: California used to have something called the “fetal harm” law. But California actually removed parts of this law in recent years. Basically, California doesn’t treat miscarriage as a criminal matter when it happens naturally or as a result of standard medical treatment.

What About Healthcare Providers?

Let me explain something many people get wrong. Healthcare providers in California have a duty to treat a miscarriage. If you’re experiencing a miscarriage, doctors must provide appropriate care. They can’t refuse treatment based on moral or religious beliefs.

Actually, that’s not quite true. Some healthcare workers have certain religious protections. But the basic rule is this: California requires hospitals to provide emergency care when your health is at risk. A miscarriage that involves heavy bleeding or infection is an emergency.

Doctors also have to follow specific protocols. They need to document what happened. They need to rule out other causes of pregnancy loss. They should provide clear information about your options for treatment and follow-up care.

Are you worried about hospital staff reporting you to police? Don’t be. Healthcare providers can’t just call the police about a miscarriage. They can only report if they suspect criminal activity, and miscarriage itself isn’t criminal in California.

Substance Use and Pregnancy Loss

Stay with me here. This is where people get confused. California doesn’t have a law that makes substance use during pregnancy a crime. Nope, seriously. You won’t face criminal charges for using drugs or alcohol while pregnant, even if you lose the pregnancy.

But here’s the catch. If a child is born and shows signs of exposure to drugs, things get more complicated. Child protective services might get involved. That’s a completely different area of law. We’re talking about dependency court, not criminal court.

For miscarriage specifically? Substance use doesn’t automatically cause criminal charges. The state would have to prove something much more serious, like that you deliberately used something with the intent to cause an abortion or miscarriage.

That said, substance use during pregnancy can increase miscarriage risk. But risk isn’t the same as crime. Most of the legal consequences around substance use during pregnancy happen after a birth, not after a miscarriage.

Abortion vs. Miscarriage: Understanding the Difference

Right? These are completely different things legally. A miscarriage is when a pregnancy ends naturally. An abortion is when someone deliberately ends a pregnancy.

California has strong abortion protections. The state protects your right to choose abortion services. Abortion is legal throughout pregnancy in California, with very few restrictions. This is totally separate from miscarriage law.

But here’s why people confuse them. Before 2023, some people worried that they could be prosecuted for miscarriage. Why? Because other states have attacked abortion rights. Prosecutors in some places have gone after women for miscarriages. California is the opposite. California is very protective.

In fact, California passed specific laws to protect people from being prosecuted for miscarriage. These laws make it clear: miscarriage is a medical event, not a crime. You have rights. You have privacy. You won’t face charges.

Recent Legal Changes

Honestly, this is the part most people miss. California has been strengthening protections for miscarriage. Back in 2022, California passed a law saying that no one can be prosecuted for a miscarriage. This was a big deal.

Why did California need to pass this? Because people were worried. Women were scared they’d go to the hospital after a miscarriage and face police. California lawmakers wanted to make it absolutely clear: that won’t happen here.

Then in 2023, California passed more laws. These protect people who travel out of state for healthcare. California also protects people who help others get healthcare. So if someone travels to another state for an abortion or miscarriage treatment, they have legal protection.

What changed exactly? The law specifically says that California won’t prosecute anyone for providing, assisting, or receiving information about abortion or miscarriage care. Other states can’t extradite someone to California for these charges.

How to Get Medical Help After a Miscarriage

Here’s what you should actually do. First, if you’re experiencing heavy bleeding, severe pain, or any signs of infection, go to the emergency room immediately. Don’t wait. These are medical emergencies.

Call your doctor if you’re having lighter symptoms. Cramping, spotting, or mild discomfort can happen. Your doctor can check whether it’s a miscarriage or something else. They can also make sure you’re okay.

Be honest with your healthcare provider. Tell them what’s happening. They won’t judge you. They’ve seen this before, and their job is to help. You have medical privacy protections, so they can’t share information without your permission.

Ask questions about your options. After a miscarriage, you might have choices about treatment. You might need to wait for the miscarriage to complete naturally. Or a doctor might recommend medication. Or you might need a procedure. Each option has pros and cons.

Get information about what to expect. How long will this take? When can you resume normal activities? What symptoms should worry you? Good doctors will answer these questions clearly.

Your Rights in the Workplace

This is something people don’t think about. California has strong workplace protections for pregnancy. But what about miscarriage specifically? You have rights here too.

Your employer can’t fire you because you had a miscarriage. That would be discrimination. California law protects you from being treated differently because of pregnancy, pregnancy-related conditions, or pregnancy loss.

Do you have to tell your employer? No. Your medical information is private. You only need to share what’s necessary. Maybe you need a day off. You could just say you had a medical appointment. You don’t owe details about a miscarriage.

What if you need time off for medical appointments or recovery? Talk to your HR department. California requires employers to provide reasonable accommodations for medical conditions. A miscarriage recovery might count.

You also have rights under the Family and Medical Leave Act (FMLA). If your employer is large enough, you can take unpaid leave for a serious health condition. Miscarriage recovery could potentially qualify, depending on your situation.

If You Experience Loss at a Hospital

Let me walk you through what should happen. When you arrive at the hospital with miscarriage symptoms, doctors will examine you. They’ll ask about bleeding, pain, when the bleeding started, and other symptoms.

They’ll usually do an ultrasound. This helps them figure out what’s happening with the pregnancy. They might also do blood tests to check your hormone levels.

Then the doctor will talk to you about options. You might already be miscarrying naturally. Your body might handle it on its own. Or doctors might recommend medication to help. Or they might mention a procedure called a dilation and curettage (D&C). These are medical options, not crimes.

The important thing: you should get clear information. You should understand your options. You should feel respected. If you don’t feel that way, you can ask for a different doctor or provider.

Counseling and Emotional Support

Hold on, this part matters too. Miscarriage is a real loss. You have a right to support and counseling. California recognizes this.

Many hospitals offer counseling services. They can connect you with someone who specializes in pregnancy loss. Some therapists focus specifically on grief from miscarriage.

You might also want to reach out to support groups. California has organizations dedicated to pregnancy loss support. These groups connect people who’ve experienced similar losses.

Insurance usually covers counseling for miscarriage. Check with your provider. Some plans cover a certain number of therapy sessions. This is a medical event, so insurance typically helps pay.

Don’t be shy about asking for help. You’re dealing with both physical recovery and emotional grief. Both are real. Both deserve attention.

Special Circumstances

What if you’re undocumented? This is something people worry about. Will healthcare providers call immigration? Generally, no. Hospitals are required to provide emergency medical care regardless of immigration status. And they can’t report you to immigration authorities just because you’re there.

California law actually prohibits giving patient information to immigration without a specific warrant. Hospitals are sanctuary spaces in some ways. You can seek care without fear.

What if you’re young? If you’re a teenager dealing with miscarriage, you still have legal protections. You have privacy rights. You have medical rights. Age doesn’t change that.

What if someone in your family is being harmful? If your family is forcing you to stay pregnant or preventing you from getting care, that’s abuse. California has resources for this. You can contact domestic violence services.

Frequently Asked Questions

Can I be arrested for having a miscarriage in California? No. California law explicitly protects you. You cannot be prosecuted for having a miscarriage.

Will the hospital report me to police if I have a miscarriage? No. Healthcare providers don’t automatically report miscarriage. They can only report if they suspect actual criminal activity, which miscarriage is not.

What if I can’t afford medical care after a miscarriage? California has programs to help. Medi-Cal covers many pregnancy-related services. Planned Parenthood and other clinics offer sliding scale fees based on income.

Do I have to tell my family about a miscarriage? No. This is your private medical information. You get to decide who knows and what they know.

Can I sue someone if they cause my miscarriage? Yes, you could potentially file a lawsuit if someone deliberately or negligently caused your miscarriage. Talk to a personal injury attorney about your specific situation.

What if I had a miscarriage before I knew I was pregnant? That’s still a miscarriage. The law protects you regardless of whether you knew about the pregnancy.

Are there any circumstances where I could face charges related to a miscarriage? Extremely unlikely in California. The state is specifically protective. You’d have to be in an incredibly unusual situation, and even then, prosecutors would be very unlikely to proceed.

Can healthcare providers refuse to treat my miscarriage? No. California law requires healthcare providers to provide appropriate emergency care. If you’re in danger, they must treat you.

What about medication miscarriage? Is that legal in California? Yes. Medication abortion (using pills to end a pregnancy) is fully legal in California. If this results in a miscarriage-like process, that’s completely protected.

Final Thoughts

California is one of the most protective states for people experiencing miscarriage. You have rights. You have medical privacy. You have protection from prosecution. You have access to healthcare. That’s what matters most.

If you’re going through a miscarriage right now, focus on getting medical help. Focus on your physical recovery. Focus on emotional support. You’re dealing with something difficult, and you deserve care and compassion.

If you have specific legal questions about your situation, talk to a lawyer. Legal aid organizations can help if cost is an issue. But know this: California has your back. You’re not alone, and you won’t face charges.

Stay informed, take care of yourself, and don’t hesitate to reach out for help. You’ve got this.