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Exploring how California obstetrician-gynecologists interpret the fetal viability concept.
Natalie DiCenzo1, Katie Donnelly2, Melissa Gosdin3
1University of California Davis, Division of Complex Family Planning, Department of Obstetrics and Gynecology, Sacramento, CA, United States.
Contraception
|February 19, 2026
Summary
Many California obstetrician-gynecologists (OBGYNs) interpret fetal viability differently, often influenced by institutional policies rather than state law. This leads to unequal access to abortion care past 24 weeks.
Area of Science:
- Medical Law
- Reproductive Health
- Obstetrics & Gynecology
Background:
- California has viability-based abortion legislation.
- Fetal viability is a complex medico-legal concept.
- Understanding provider interpretation is crucial for equitable care.
Purpose of the Study:
- To explore how OBGYNs in California define and interpret fetal viability.
- To examine the influence of hospital and state policy on these interpretations.
- To assess the impact on clinical practice regarding abortion care.
Main Methods:
- Qualitative audio-only interviews were conducted with OBGYNs in California.
- Participants included generalist and Complex Family Planning (CFP) fellowship-trained physicians.
- Interviews were transcribed and analyzed for thematic content.
Main Results:
- Understanding of state viability laws varied among OBGYNs.
- Many generalist OBGYNs equated viability with 24 weeks, often due to institutional policies.
- Physicians' approaches to peri-viable care included fetus-centered, institution-centered, and rarely person-centered frameworks.
Conclusions:
- Many OBGYNs are unaware of specific state abortion legislation.
- Institutional policies often dictate peri-viable care, sometimes more conservatively than state law.
- Differing interpretations of fetal viability create inequitable access to abortion care past 24 weeks in California.
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