CROATIA. Law No. 1252-1978 of
Article 1.
In
order to implement the human right to freely decide whether to have or
not
to have children, this Act regulates those rights and duties of a
citizen
that relate to the prevention of unwanted conception, interruption of
unwanted
pregnancy, as well as such medical help that might be necessary to
those
who would like to, but cannot, fulfil their wish to have descendants.
Article 2.
The
human right to freely decide on the birth of children can be limited
only
for the purposes of protection of health and under such conditions and
through
such procedures as determined by this Act.
* * *
III. Abortion.
Article 15.
An abortion is a medical operation,
An abortion may be
performed
until the end of the tenth week after conception.
If ten weeks following the
conception
have passed, the abortion may be performed only with the consent of a
Commission
and under conditions and procedures determined by this Act.
Article 16.
The abortion may not be performed if it is medically established
that
such abortion could endanger the health of the woman.
Article 17.
An abortion may only be performed in those hospitals that have a
department
of gynaecology and obstetrics and in other medical organizations of
associated
labour which are for this purpose especially authorized by the
republican
authority having jurisdiction over medical questions.
Article 18.
An abortion is performed on request of the pregnant woman. If such request is submitted by a woman under
the age
of 16, it must be accompanied by the consent of her parents, or the
consent
of her guardian with the further consent of the Guardianship Authority.
Article 19.
The pregnant woman has the right to decide in which medical
organization
of associated labour she would like to have the operation performed.
If the legal conditions
for
abortion are fulfilled, the pregnant woman is referred to the
physician,
who then performs the abortion.
Article 20.
If it is established that 10 weeks have passed since conception,
or
if it is established that the abortion could endanger the health of the
pregnant
woman, she is referred to the Commission of First Instance. If such referral to the Commission of First
Instance involves
an unmarried woman below the age of 16, her parents or her guardian
must
be notified.
Article 21.
In the case set forth in Article 19, paragraph 2 of this Act,
the
abortion may be performed immediately when the pregnant woman presents
herself
to the physician who is to perform the abortion; in
the case set forth in Article 20, first paragraph of this Act, the
abortion
may be performed immediately after the consent of the Commission of
First
Instance is given, but not later than seven days after the date of that
consent.
Article 22.
If more than 10 weeks have passed since conception, the
Commission
of First Instance may consent to the abortion upon the request or with
the
consent of the pregnant woman under the following conditions:
--when it is medically
established
that it would be impossible to save her life or prevent damage to her
health,
whether it be during pregnancy, delivery, or postpartum condition;
--when it is medically
established
that it is probable that the child would be born with a serious
congenital
physical or mental defect;
--when the conception is a
consequence
of a criminal act of rape, criminal act of sexual intercourse with an
incompetent
person, criminal act of sexual intercourse in consequence of abuse of
authority,
criminal act of sexual intercourse with a child, or criminal act of
incest.
Article 23.
The procedure in consequence of request for abortion is urgent.
The Commission of First
Instance
must decide upon the request for abortion within eight days after the
receipt
of the request.
Article 24.
A pregnant woman dissatisfied with the decision of the
Commission
of First Instance may appeal to the Commission of Second Instance
within
three days.
The Commission of Second
Instance
must decide the appeal within eight days after the receipt of the
petition. The decision of the Commission
of Second Instance concerning
the request for abortion is final.
Article 25.
Notwithstanding the conditions of procedure hereby described,
the
abortion will be performed or completed under the following conditions:
--where immediate danger
is
present to the life or health of the pregnant woman;
--when the abortion has
already
been started.
In cases described in the
first
paragraph of this Article, the abortion will be performed in such a
medical
organization of associated labour that usually performs abortions, but
under
exceptional circumstances, this abortion may be performed in other
medical
organizations of associated labour.
Article 26.
The medical organization of associated labour must within 30
days
after the abortion notify the fact of the abortion to the authority
having
jurisdiction over medical statistics.
Article 27.
If the completion of an already started abortion gives rise to a
suspicion
that the abortion has been started contrary to the provisions of this
Act,
the responsible person in the medical organization of associated labour
in
which the abortion has been completed must immediately notify the
prosecutorial
authority having jurisdiction over the matter,
Article 28.
The organization of associated labour in which the abortion is
performed
must use the most modern medical methods available for the performance
of
this operation. The medical organization
in the preceding
paragraph must ensure that the woman on whom the abortion has been
performed
will prolong (if necessary for the purposes of convalescence) her
sojourn
in this medical organization of associated labour.
* * *
V. The
establishment and work of the Commissions.
Article 35.
The Commission of First Instance, with jurisdiction over the
requests
for sterilization or abortion respectively, is composed of two
physicians,
of whom one is to be a gynaecologist and one a social worker or
registered
nurse, who shall work in the medical organization of associated labour
which
is to perform the sterilization or abortion. The
Commission
of First Instance is established by the medical organization of
associated
labour which is to perform the sterilization or abortion.
Article 36.
The Commission of Second Instance which, within the meaning of
Articles
13 and 24, decides on appeal the decision of the Commission of First
Instance,
is to be composed of two gynaecologists (with one a specialist in that
branch
of medicine concerned with medical indications that are the substance
of
the request for sterilization or abortion), one social worker, and one
judge,
who is, upon the request of the authorized medical organization of
associated
labour, nominated by the president of the County Court having
jurisdiction
over the territory in which the respective medical organization is
registered. The Commission mentioned in
the first paragraph of this
Article, is established by the medical organization of associated
labour
which is for this purpose especially authorized by the republican
authority
having jurisdiction over medical questions.
Article 37.
The Commissions referred to in Articles 35 and 36 of this Act
work
in conference; their decisions are by majority vote.
The Commission may, in
view
of its need for medical expertise and opinion, refer the petitioner to
an
appropriate medical organization of associated labour in order for the
facts
upon which the decision has to based to be properly ascertained.
VI. Fees
and expenses.
Article 38.
The fees for the medical services connected with medical
operations
anticipated by this Act are to be established on the basis of criteria
agreed
upon in the framework of the Union of Associations of Medical Insurance
and
Health of Croatia by self-management interest communities of medical
insurance
and health.
* * *
Article 41.
The expenses for abortion are to be paid by the pregnant woman
unless
the self-managerial interest community of medical insurance and health
provides
differently.
If the abortion is being
performed
for the reasons set forth in Article 22 of this Act, or in cases of
unwanted
pregnancy of those women that use intrauterine contraceptive devices,
the
expenses for abortion are to be defrayed by the self-management
interest
community of medical insurance and health. If
a pregnant
woman is in such a financial situation that she needs social security
protection,
the expenses for abortion will be paid by the self-management interest
community
of medical insurance and health. If a
pregnant woman
is in such a financial situation that she needs social security
protection,
the expenses for abortion will be paid by the self-management interest
community
of social protection in the county of the territory where the pregnant
woman
resides under the conditions and in the mode ascertained by a
self-management
general act.
VII. Penal
provisions.
Article 42.
a fine of not less than 2,000 and not more than 10,000 dinars
will
be imposed for a misdemeanor upon the medical organization of
associated
labour if:
1. it
performs a sterilization, abortion, or artificial insemination which it
is
not authorized (Articles 14, 17, 31) to perform;
2. it
performs a sterilization or abortion without a previous decision of a
Commission
when such a decision is necessary (Articles 13, 20, 21);
3. it
does not ensure the secrecy of data concerning the identities of the
donor
of semen, the artificially inseminated woman, or her husband (Article
32).
These misdemeanors set
forth
in paragraph 1 of this Article by an individual medical worker will be
punished
by a fine of no less than 500 and no more than 3,000 dinars if an
unauthorized
sterilization, abortion or artificial insemination is performed by such
worker.
Article 43.
A fine of no less than 1,000 and no more than 5,000 dinars will
be
imposed, for a misdemeanor, upon a medical organization of associated
labour
which within 30 days after it performs a sterilization or an abortion
does
not notify the competent authority (Article 14, paragraph 2 and Article
26).
The responsible person in
the
medical organization of associated labour who commits the misdemeanor
described
in paragraph 1 of this Article will be punished by a fine of at least
500
and at most 1,000 dinars.
Article 44.
The responsible person in a medical organization of associated
labour
in which an abortion already begun is completed and a suspicion is
present
that such an abortion had been begun contrary to the provisions of this
Act,
without such suspicion being immediately reported to the competent
prosecutorial
authority (Article 27), will be punished for this misdemeanor by a fine
of
no less than 1,000 and no more than 3,000 dinars.
* * *