ANGUILLA.   Criminal Code, as amended through 15 December 2000.

 

Part 15.  Abortion

 

Use of poison etc., or instruments to cause miscarriage

 

Section 183.  (1)  Subject to the provisions of this section, any person who—

 

(a)  being with child, with intent to procure her own miscarriage, unlawfully administers to herself any poison or other noxious thing, or unlawfully uses any instrument or other means whatsoever with the like intent; or

 

(b)  with intent to procure the miscarriage of any female, whether or not she is with child, unlawfully administers to her, or causes her to take, any poison or other noxious thing, or unlawfully uses any instrument or other means whatsoever with the like intent;

 

commits an offence and is liable on conviction to imprisonment for 14 years.

 

(2)  A person shall not be convicted of an offence under subsection (1) when a pregnancy is terminated in a hospital by a medical practitioner if 2 medical practitioners are of the opinion, formed in good faith--

 

(a)  that the continuance of the pregnancy would involve risk to the life of the pregnant woman, or injury to the physical health of the pregnant woman greater than if the pregnancy were terminated or grave injury of prolonged duration to the mental health of the pregnant woman; or

 

(b)  that there is a substantial risk that, if the child were born, it would suffer from such physical or mental abnormality as to be seriously handicapped.

 

(3)  The reference to the opinion of 2 medical practitioners and to an approved hospital shall not apply to the termination of pregnancy by a registered medical practitioner in a case in which he is of the opinion, formed in good faith, that the termination is immediately necessary to save the life or to prevent grave permanent injury to the physical or mental health of the pregnant woman.

 

Supplying poison, etc., with intent to procure miscarriage

 

Section 184.  Any person who unlawfully supplies or procures any poison or other noxious thing, or any instrument or thing whatsoever, knowing that it is intended to be unlawfully used or employed with intent to procure the miscarriage of any female, whether or not she is with child, commits an offence and is liable on conviction to imprisonment for 5 years.

 

Child destruction

 

Section 185.  (1) Any person who, with intent to destroy the life of a child capable of being born alive, by any wilful act or omission causes a child to die before it has an existence independent of its mother, commits the offence of child destruction and is liable on conviction to imprisonment for life.

 

(2)  A person shall not be convicted of an offence under subsection (1) if it is proved that the act which caused the death of the child was done in good faith for the purpose only of preserving the life of the mother.

 

(3)  For the purposes of this section, evidence that a female had at any material time been pregnant for a period of 28 weeks or more shall be prima facie proof that she was at that time pregnant with a child capable of being born alive.