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Termination of pregnancy and fetal reduction
Conditions for the
termination of pregnancy
§ 92 A woman may without
authorization have her pregnancy terminated when the procedure can be carried
out before the end of the 12th week of pregnancy and the woman, after observing
the provisions of § 100, maintains her desire for the terination of pregnancy.
§ 93 Although the 12th
week of pregnancy has passed, a woman without can have her pregnqancy
terminated without special permission when the procedure is necessary to avert
danger to her life or a serious deterioration of her physical or mental health
and that danger is based solely
or principally on circumstances of a medical character.
§ 94 After the 12th week of
pregnancy has elapsed, a woman may be allowed to have her pregnancy terminated
if:
1) pregnancy, childbirth, or care of the child entails a danger of deterioration of the woman's health on account of an existing or potential physical or mental illness or infirmity or as a consequence of other conditions under which she is living;
2) the pregnancy due to conditions listed § 210 or § § 216-224 of the Penal Code,
3) there is a danger that, on account of a hereditary condition or of an injury or disease in the fetus, the child will be affected by a serious physical or mental;
4) the woman is incapable of giving proper care to a child, on account of a physical or mental disorder or poor skills;
5) on account of her youth or immaturity, the woman is for the time being incapable of giving proper care to a child; or
6) pregnancy, childbirth, or care of a child is likely to cause a serious burden to the woman, which cannot otherwise be averted, and it therefore appears necessary for the pregnancy to be terminated, in the interests of the woman in the management of her household or the care of the family’s other children. In reaching the decision, consideration shall be paid to the woman's age, her workload, and her personal circumstances, as well as the circumstances of the family from the point of view of housing, income, and health.
Paragraph 2. permission
for the termination of pregnancy
may be granted only if the grounds on which the request is based are
sufficiently important to justify subjecting the woman to the increased risk to
her health which the procedure entails;
Paragraph 3. if the
fetus is assumed to be viable, permission for the termination of pregnancy may
be granted only under paragraph. 1, No. 3, when their is a vital reason for
doing so.
Chapter 27
Committee and Appeal Board for the termination of
pregnancy and fetal reduction
§ 97 Minister for Health
and Prevention shall establish for each distrct one or more committees to
decide cases under § 94, § 95 paragraph. 2 and 3, § 98 paragraph. 2 and § 99
paragraph 2 and 3. A committe shall consists of an employee of the distrct with
legal or social education and two physicians. One physician should be
specialized in gynecology and preferably employed in a local hospital, while
the othershall be a specialist in psychiatry or have special knowledge of social medicine.
Paragraph 2. A committe
decision may be referred to an Appeals Board which shall also oversee the
activities of the committee. The Appeals Board, which is established by the
Minister for Health and Prevention, consists of a Chairman and a number of
other members. The Chairman shall be a judge. In dealing with each complaint,
at least three members shall be involved, including the Chairman or a member
who meets the requirements to be Chairman of the Board. One of the two other
members, one shall be a specialist in gynecology, while the other shall be a
specialist in psychiatry or have special knowledge
of social medicine.
Paragraph 3. Permission may be granted only if the committee or Appeals Board is unanimously in favour.
Paragraph 4. Members of committees and Appeals Boards,
as well as alternate members appointed by the Minister for Health and Prevention
for up to 4 years.
Paragraph 5. The Minister for Health and Prevention shall
set forth the rules of procedure for committees and Appeal Boards.
Chapter 28
Procedures
§ 98 The request for a termination of
pregnancy or fetal reduction shall be submitted by the woman herself.
Paragraph 2. If the
woman, because of mental illness, impaired mental development, seriously
weakened health, or other reasons, is unable to understand the importance of the
procedure, the committee may allow the termination of pregnancy or fetal
reduction, when circumstances so warrant, at the request of a specially
appointed guardian. The
provisions of Section 50 of the Guardianship Law govern the appointment of this. The
decision of the committee may be brought before the Appeals Board by the woman
or guardian.
§ 99 If the woman is under
18 years old and unmarried,
the person exercising parental authority must consent.
Paragraph 2. Where this is justified by the
circumstances, the committee may refrain from requiring the consent referred to
in subsection 1. The decision of the Committee may be brought before the
Board by the woman.
Paragraph 3. The Committee may, when circumstances so warrant, allow the termination of pregnancy or fetal reduction, even if the consent referred to in sub-section 1 has been refused. The decision of the committee may be brought before the Board by the woman or the person exercising parental authority.
.§ 100 A request for termination of pregnancy or fetal
reduction shall be submitted to a physician or to a district council.
Paragraph 2. If the
request is submitted to a physician, the latter shall make the woman aware that
she may contact the district council for guidance on the options available for
support for bringing the pregnancy to term and for supportafter the child's
birth. If the request is submitted to a district council, the woman if she
wishes, guidance referred to
in the first sentence of this sub-section.
Paragraph 3. The woman must be informed by the
physician of the nature of the procedure and its direct consequences, as well
as the risks which it may involve. The same provision applies to the person who must make
a request pursuant § 98 paragraph. 2, or provide consent according to § 99
paragraph 1.
Paragraph 4. If the physician
deems that the conditions for termination of pregnancy or fetal reduction in §
92, § 93, § 95 paragraph. 1 or § 96 are not met, the physician shall
immediately submit the request with an opinion to the district council.
Paragraph 5. Before and
after the procedure, the woman shall be offered an interview on support. The Minister
for Health and Prevention shall determine procedures for this.
Paragraph 6. When a
request for the termination of pregnancy based on circumstances referred to in
§ 94 paragraph. 1, No. 3, or fetal reduction based on circumstances referred to
in § 95 paragraph. 3 is made, the woman shall be offered information about the availability
of additional information and advice from relevant disability organizations,
etc.
§ 101 Terminations of pregnancy
after the expiry of 12 week of pregnancy and fetal reduction may only be performed
by physicians at district hospitals.
§ 102 Physicians, nurses,
midwives, auxiliary nurses, and social and healthcare assistants shall be
absolved from performing or assisting in a termination of pregnancy or fetal
reduction if this is contrary to their ethical or religious views. The same provision
applies to people who are training for one of these professions.
§ 103 The Minister for
Health and Prevention shall sets out rules on requests for the termination of
pregnancy and fetal reduction and the handling of cases.
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