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Chapter 8 - Family Law and Violence against Women

Abortion

When may a woman have an abortion?

The Choice on Termination of Pregnancy Act says a woman can get a termination of her pregnancy

in the first 12 weeks of pregnancy

• if she asks for one during this period
  

from week 13 up to and including week 20, if a doctor after consulting with the pregnant woman thinks that:

• the continued pregnancy would seriously affect the social or economic circumstances of the woman
• the continued pregnancy would pose a risk of injury to woman's bodily health or her mental health
• there is serious risk that the foetus would suffer from severe mental or physical abnormalities
• the woman is pregnant from rape or incest

after the 20th week, if a doctor after consultation with another doctor or a registered midwife thinks that:

• the woman's life is in danger
  
• the foetus would be severely malformed
  
• there is a risk of injury to the foetus

Consent to an abortion

The termination of pregnancy can only take place once the woman has given her informed consent. No consent other than that of the pregnant woman is necessary for the termination of a pregnancy unless she is so mentally ill that she doesn't understand what abortion is about or what happens as a result of an abortion, or she is continuously unconscious and therefore cannot give consent.

In the case of a pregnant minor (a person under the age of 18 years) a medical practitioner or a registered midwife must advise the minor to consult with her parents, guardian, family members or friends before the pregnancy is terminated. However, if the minor chooses not to consult them, she is still allowed to have the abortion in terms of the Act.

A woman is entitled to counselling before and after the abortion. The counsellor may not force her, nor tell her whether or not she should have the abortion.

Bill of Rights, section 12.

Who may perform an abortion?

In the first 12 weeks of pregnancy:

• a registered midwife who has completed the prescribed training course
  
• a doctor
  

From week 13 to the end of the pregnancy:

• only a doctor

Government hospitals should provide facilities to carry this out.