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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.
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.
§ 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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