SEYCHELLES. An Act (No. 6 of 1994) of
Sec. 3 (Medical
termination
of pregnancy) reads as follows:
"3. (1) A consultant
gynaecologist
may, subject to subsection (2), terminate at
(2)
A
consultant gynaecologist shall not terminate a pregnancy of a pregnant
woman
under subsection (1), unless the three relevant medical practitioners
referred
to in subsection (4) are each of the opinion formed in good faith --
(a) that the continuance of the pregnancy would
involve risk
to the life of the pregnant woman, or risk of injury to the physical or
mental
health of the pregnant woman, greater than if the pregnancy were
terminated;
or
(b) that there is a substantial risk that if the
child were
born it would suffer from such physical or mental abnormalities as to
be
seriously handicapped.
(3)
In
determining whether the continuance of a pregnancy would involve risk
of
injury to health in terms of paragraph (a) of
subsection
(2) or risk of abnormalities in terms of paragraph (b)
of
subsection (2), the three relevant medical practitioners referred to in
subsection
(4) shall consult any other medical practitioner who holds a specialist
qualification
in a field relevant to the physical or mental health of the pregnant
woman,
if such a medical practitioner is available in Seychelles.
(4)
The
three relevant medical practitioners referred to in subsections (2) and
(3)
are --
(a) the medical practitioner who is attending the
pregnant
woman and who proposes the termination of the pregnancy;
(b) the consultant gynaecologist who is to
terminate the pregnancy;
and
(c) the Director of Health Services."
The other principal
Sections
are entitled as follows: 4. Termination on
account
of rape, incest, defilement or mental disorder; 5. Time of termination
(a
pregnancy may only be terminated under Sec. 3 or 4 before the end of
the
12th week of pregnancy, unless in the opinion of the Director of Health
Services
there are exceptional grounds for late termination); 6. Regulations; 7.
Conscientious
objection to participation in termination of pregnancy; and 8. Repeal
and
reenactment of Section 149A (Authorised termination of pregnancy) of
the
Penal Code.
Termination of
Pregnancy
Regulations, 1996.
In exercise of the
powers
conferred by section 6 of the Termination of Pregnancy Act, 1994, the
Minister
of Health makes the following Regulations:
1. These Regulations may be cited as
the Termination
of Pregnancy Regulations, 1996.
2. The Director of Health Services
shall maintain for
the purpose of the Act a register of termination of pregnancies in such
form
as the Director may determine.
3. There shall be recorded in the
register maintained
under regulation 2:
(a)
the
name, address and age of the pregnant woman whose pregnancy has been
terminated
under the Act;
(b)
the
gestational age of the pregnancy at the time of its termination;
(c)
the
section of the Act under which the pregnancy has been terminated;
(d)
the
date of termination of the pregnancy;
(e)
where
the pregnancy has been terminated under section 3 of the Act, the names
of
the 3 relevant medical practitioners whose opinion has been obtained
under
that section;
(f)
where
the pregnancy has been terminated under section 4 of that Act:
(i)
the
name of the judge who made the determination under that section, the
reason
for the determination and the date of the determination; or
(ii)
the
date of interdiction of the pregnant woman,
as the case may be;
and
(g)
the
names of the consultant gynaecologist who terminated the pregnancy and
of
other persons who participated in the termination.
4. (1) The
opinion of the three
relevant medical practitioners under section 3 of the Act in relation
to
a pregnant woman shall be reduced to writing and:
(a)
shall
state the name, address and age of the pregnant woman;
(b) shall state the gestational age of the
pregnancy
of the woman;
(c) shall state the grounds for the
opinion;
(d) shall be signed by each such medical
practitioner; and
(e) shall be filed of record in the office
of the Director
of Health Services.
5. (1) The
consultant gynaecologist
who terminates a pregnancy under the Act shall, within 3 days after the
termination
of pregnancy of a pregnant woman, furnish to the Director of Health
Services
a report which shall contain:
(a)
the
name, address and age of the pregnant woman;
(b) the date of termination of the
pregnancy;
(c) the gestational age of the pregnancy
at the time
of termination;
(d) the section of the Act under which the
pregnancy
was terminated; and
(e) the names of persons who participated
in the termination.
(2)
Where
a pregnancy has been terminated under section 4, the consultant
gynaecologist
shall attach to the report the determination of the judge or a copy of
the
order of interdiction, as the case may be.
6. The Director of Health Services, the
3 relevant medical
practitioners referred to in regulation 4 or the consultant
gynaecologist
referred to in regulation 5, shall not disclose any information
contained
in the register of termination of pregnancies, the opinion filed of
record
under section 4, or the report of the consultant gynaecologist under
section
5 except:
(a)
to
a medical officer where the information is required for the discharge
of
his official duties;
(b)
to
the Attorney-General in respect of any criminal prosecution;
(c)
to
a police officer not below the rank of superintendent of police for the
purpose
of any criminal investigation;
(d)
where
required to do so by a court of competent jurisdiction;
(e)
to
the woman whose pregnancy has been terminated, information relating to
the
termination of her pregnancy or with her consent in writing to a legal
practitioner
representing her;
(f)
to
the Chairman of the Seychelles Medical and Dental Council
for the purpose of any investigation of professional misconduct by a
medical
practitioner or any inquiry in relation thereto;
(g)
for
bona fide scientific research.
7. The Director of Health Services may, after expiration of 5 years from the date of an opinion filed of record under section 4 or the report furnished under section 5, destroy the opinion or the report.