1. A pregnancy may be interrupted at the
request of the woman and in conformity with the provisions of this Law:
1) if continuation
of the pregnancy or delivery of a child would endanger her life or health on
account of a disease, physical defect or weakness in the woman;
2) if delivery and care of a child would
place a considerable strain on her in view of the living conditions of the
woman and her family and other circumstances;
3) if she became
pregnant under the circumstances referred to in Section 22 of Chapter 17 or
Sections 1-3, 5-6, or 7(3) of Chapter 20 of the Penal Code;
4) if she was less
than 17 or more than 40 years of age at the time of conception, or has already
had four children;
5) if there are
grounds for presuming that the child will be mentally retarded or will have, or
will later develop, a serious disease or a serious physical defect;
6) if a disease,
mental disturbance or other comparable cause, affecting one or both parents,
seriously limits their capacity to care for the child.
2. If the woman is incapable, on account of a
mental disease, mental retardation or mental disturbance, of making a valid
request for the termination of pregnancy, the operation may be performed,
provided there are serious reasons for doing so, at the request of her legal
representative.
3. Where the woman became pregnant under the
circumstances referred to in Sections 3, 5(1)(2),
5(1)(4) of Chapter 20 of the Penal Code, an abortion may not be performed
unless legal action in respect of the crime has been taken, a complaint has
been lodged in respect thereof, or clear evidence of the crime has been
obtained by a police inquiry.
4. Before a pregnancy is terminated in
accordance with this Law, the woman requesting the termination must be informed
of the significance and effects of the operation.
A woman who has undergone an abortion must be
given advice on contraception, in accordance with the detailed provisions to be
laid down by way of ordinance.
5. Abortions must be performed at the
earliest possible stage of pregnancy.
An abortion may not be performed after the twelfth
week of pregnancy on any grounds other than a disease or physical defect in the
woman.
If the woman was not yet 17 years of age at
the time of conception or there are other special reasons, the National Board
of Health may however authorize abortion at a later stage of pregnancy,
although not after the 20th week.
5a. Notwithstanding the provisions of Section
5, the National Board of Health may authorize the termination of a pregnancy
if, as a result of amniocentesis or an ultrasonic examination, serological
tests, or another reliable examination, it is established that the embryo is
affected by a serious disease or physical disability, provided that the 24th
week of pregnancy has not expired.
6. An abortion may be performed:
1) in the cases
referred to in items 1-3 and 6 of Section 1, on the recommendation of two
physicians or, in the cases to be defined in detail by way or ordinance, by
authorization of the State Medical Board;
2) in the case
referred to in item 4 of Section 1, by decision of the physician who performs
the operation;
3) in the cases
referred to in item 5 of Section 1 and the third paragraph of Section 5, by
authorization of the National Board of Health.
The recommendation by two physicians shall
contain the separate written opinions of each physician, with their grounds
being stated in detail. Of the two physicians, one shall be a physician who
renders opinions on the termination of pregnancy (physician with authority to
render an opinion) while the other shall be the physician who performs the
operation (operating physician). The physician with authority to render an
opinion and the operating physician shall not be entitled, without reason, to
refuse to consider a request for termination of pregnancy.
If the decision of the two physicians or, in
the case referred to in item 4 of Section 1, of the physician, is negative, an
application for authorization of abortion may be made to the National Board of
Health.
7. Before the decision on termination of
pregnancy is taken, the father of the expected child shall be given an
opportunity of stating their opinion, if this seems justified in the particular
case.
Before a decision based on item 2 of Section
1 is taken, a report on the living conditions or other circumstances of the
woman and her family shall, if this seems justified in the particular case, be
requested from the social welfare authorities or from a midwife, public health
nurse or person of corresponding status.
Where the woman has received special
treatment for a serious disease, the physician with authority to render an
opinion shall, before the decision is taken, seek information, as far as
possible, on the woman's state of health from the physician who treated her for
the particular disease.
8. Any licensed physician employed by the
State, a commune or association of communes, as well as any other licensed
physician designated by the National Board of Health, may act as a physician
with authority to render opinions.
The termination of pregnancy shall be carried
out in a hospital which has been approved for the purpose by the National Board
of Health such hospitals being designated as abortion hospitals). Any licensed
physician employed in the hospital may act as an operating physician.
9. If a pregnancy is to be terminated under
item 1 of Section 1, and the examination of the indications for the operation
in accordance with Section 6 of the performance of the operation in a hospital
as referred to in the second paragraph of Section 8 are not possible without
seriously endangering the woman's life or health on account of the delay
involved or other reasons, the pregnancy may be terminated by a licensed
physician without conforming to these particular provisions.
10. Those matters which, in accordance with
Section 1, 5, 5a, and 6 of this Law, are within the jurisdiction of the
National Board of Health shall be dealt with by the Office for abortions and
sterilizations according to measures observed in detail through the provisions
of an Ordinance.
The National Board of Health shall deal with
matters referred to in the first paragraph above on a priority basis. The
National Board of Health's decisions on such matters shall not be subject to
appeal.
11. The National Board of Health shall take
measures to ensure that physicians with authority to render opinions and
operating physicians make every effort to adopt an impartial and consistent
approach.
12. [Repealed]
13. Any person who intentionally interrupts a
pregnancy in violation of Sections 1, 2, 5, 5a, or 6-9, or attempts to do so,
shall be liable to a fine unless the act constitutes an offense under Chapter
22, Sections 1 or 2 of the Penal Code.
14. Any person who makes a false statement to
an authority or physician on a matter concerning the termination of pregnancy
that has legal consequences, shall be liable to a fine in so far as the act is
not punishable under Section 8 of Chapter 16 of the Penal Code.
15. Detailed provisions for the
implementation of this Law shall be promulgated by way of Government decree.
* * *
1. Authorization for the interruption of
pregnancy shall be applied for, whether to a physician or the State Medical
Board, by the woman herself, unless she is incapable, because of mental
disease, mental retardation or mental disturbance, of making a valid
application for the operation.
Applications
must be made and the medical report as part of the application will be issued
on a fixed form.
2. [Repealed]
3. An application for authorization shall be
submitted to the Authority for Medicolegal Affairs. It must be personally signed by the applicant.
The application shall be accompanied by:
1) where
appropriate, a statement by a physician specialized in medical genetics on the
probability of illness in the child, if the interruption of pregnancy based on
1 § 5 of the Law on the interruption of pregnancy,
2) an
opinion based on a medical examination or, if there is an event referred to in Section
6, subsection 3, of the Law on interruption of pregnancy, the opinions and
decisions of the physicians who have previously rendered a negative decision in
the matter, and
3) a
report on other factors that may affect the outcome.
The prescribed forms must be used for the
medical opinions and applications.
4. If the application is not accompanied by a
report as referred to in Section 3, the Authority of Medicolegal
Affairs shall if necessary order the applicant to submit it a timely fashion.
If the application is not
accompanied by a written statement of the expected child’s father, the
Authority of Medicolegal Affairs shall,
if it deems
it necessary, give him the opportunity
to make a statement on the matter.
5. If the Authority of Medicolegal
Affairs observes that there are insufficient physicians with authority to
render opinions, or insufficient abortion hospitals, in some parts of the
country, on account of long distances, a shortage of physicians or hospitals,
or other reasons of this nature, it shall order that the submission of
applications for authorization of abortion emanating from these areas may,
until further notice, be made directly to the Authority.
The Authority of Medicolegal
Affairs shall maintain and regularly publish a register of approved abortion
hospitals and areas designated by the Authority under the first paragraph of
this Section. The Authority shall notify state provincial offices, abortion
hospitals and health centers about physicians who, under the first paragraph of
Section 8 of the Law on the interruption of pregnancy, have been specially
designated by the State Medical Board as being entitled to act as physicians
with authority to render opinions, as well as of physicians whom the State
Medical Board has disqualified from so doing.
6. The recommendation referred to in item 1
of the first paragraph of Section 6 and the decision referred to in item 2 of
the same paragraph must be drawn up on the prescribed forms.
In a case covered by the first paragraph of
Section 3 of the Law, the applicant must submit a certificate issued by the
competent prosecutor or police authority conforming that legal action has been
taken in respect of the crime or that it has been the subject of a complaint,
or a written certificate providing clear evidence of the crime, issued by the
police authority and based on a police inquiry.
7. It shall be the responsibility of the
physician with authority to render an opinion to provide the information
referred to in the first paragraph of Section 4 of the Law to any woman
requesting an abortion.
Every woman who has had her pregnancy
terminated must, before being discharged from hospital, be given advice on
contraception by a hospital physician.
8. [Repealed]
9. Operating physicians must notify the State
Medical Board of any abortions performed, within one month after the operation.
All documents concerning the case shall be carefully preserved in the hospital
archives, under the responsibility of the physician in charge of the hospital.
If the abortion has been performed under the circumstances referred to in
Section 9 of the Law, all documents relating to the case shall be sent to the
State Medical Board at the same time as the aforesaid notification.
10. [Supervisory and disciplinary power of
the State Medical Board in respect to physicians and hospitals]
11. [Repealed]
12. The Ministry of Social Affairs and Health
directs and supervisee educational activities relating to the guidance of the
public on birth control as a preventive measure against abortion and, in
particular, as a measure aimed at reducing the illegal abortion rate; it must
ensure, in particular, that citizens are given information, either through
publications or other information activities on the prevention of pregnancy.
* * *