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Chapter II. Abortions
Article 8. An abortion according to this statute
is a medical operation performed in order to terminate a woman’s
pregnancy,
before the fetus is capable of surviving.
Article 9. An abortion is permissible:
1. For social reasons:
When there is reason to believe that pregnancy and the advent of a
child
will be too difficult for the woman and her close family for social
reasons
beyond their control. Under such circumstances
the
following factors shall be considered:
a) Whether the woman has given birth to many
children
at short intervals and whether a short time has passed since her last
childbirth.
b) Whether the woman endures a difficult
domestic
situation because of a large family or because of serious bad health of
others in the household.
c) When the woman cannot because of her youth or
because of lack of mental development take care of the child in a
satisfactory
manner.
d) Other reasons if they are fully comparable
with
those mentioned above.
2. Medical reasons:
a) When there is reason to believe that the
physical
or mental health of the woman is endangered by continued pregnancy or
childbirth.
b) When there is reason to believe that a child,
carried by a woman, is in danger of being born deformed or with a
serious
disease as a result of hereditary tendencies or harmful influences
during
the pregnancy.
c) When a physical or mental disease seriously
reduces
the ability of a woman or a man to care for and bring up a child.
3. If a woman has been raped or of she has
become
pregnant as a result of other criminal activity.
Article 10. An abortion shall be performed as
early
as possible and preferably before the end of the 12th week
of
pregnancy.
An abortion shall never be performed after the 16th week of
the pregnancy, unless unmistakable medical reasons exist and the life
and
health of the woman are grossly endangered by continued pregnancy or
childbirth. An abortion shall also be
permissible after 16 weeks,
if the chances for deformity, hereditary defects or damage to the fetus
are great.
Such exemptions can only be determined by a written authorization of a
committee
established under Article 28.
Article 11. Two physicians or a physician and a
social worker, if only social reasons are involved (the latter must be
working in the health district concerned) must have produced a written
reasoned statement before an abortion may take place. One
of the physicians should be a specialist in gynecology or in general
surgery
at the hospital where the operation takes place, the other, as a rule,
the physician or the social worker who has advised the woman to go to a
hospital for this purpose.
Where it is considered necessary, the specialist
concerned shall be guided by the report of a psychiatrist if mental
illnesses are involved.
Article 12. The woman who applies for the
operation
must, before an abortion may take place, have been informed about the
risks
connected with the operation and she must have received instruction
about
what social assistance is available to her in the society.
All advice and instruction shall be given in an impartial manner.
Article 13. The application, the statement and
certificates
shall be written on forms published by the Surgeon General for this
purpose.
The following factors shall be observed:
1. A woman shall sign an application for an
abortion
herself.
2. The operation may be
permitted in accordance with the application of a guardian if a woman
is unable to understand the necessity for the operation because of a
mental illness,
a serious mental retardation or other reasons.
3. If a woman is younger than 16 years of age or
has been declared incompetent, her parents or a guardian shall
participate
in an application with her unless special reasons oppose it.
4. If possible, the man shall join in the
woman’s
application, unless special reasons oppose it.
5. If a woman forgoes an operation, she must
confirm
her decision in writing. If a woman is denied an
operation in a hospital, she and the signatories of the statement shall
be so informed immediately in writing. The woman
can then without delay seek the resources dealt with in Article 28 and
the signatories must assist her in doing so.
Article 14. The operation itself shall be
performed
according to the fully recognized demands of medical science in order
to
insure that the woman will suffer as little as possible from the
operation.
The same is true about all accommodations for the woman where the
operation
takes place.
Article 15. Only physicians may perform an
abortion. An abortion may only be performed in
hospitals with
a gynecologist or a specialist in general surgery and which a cabinet
minister
has recognized for this purpose.
Article 16. A woman who has had an abortion
shall
be given guidance about contraceptives before she is released from the
hospital.
If the woman is married or if she lives with a
man,
the man shall also receive guidance about contraceptives if possible.
It shall also be made the woman’s duty to appear for a checkup after a
certain period of time for a medical examination and a conversation.