TUVALU. Penal
Code.
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Attempts to procure abortion
150. Any person who, with intent to procure the
miscarriage of a woman, whether she is or is not with child, unlawfully
administers to
her or causes her to take any poison or other noxious thing, or uses
any
force of any kind, or uses any other weans whatever, shall be guilty of
a
felony, and shall be liable to imprisonment for 10 years.
The like by woman with child
151. Any woman who, being with child, with intent
to
procure her own miscarriage, unlawfully administers to herself any
poison
or other noxious thing, or uses any force of any kind, or uses any
other
means whatever, or permits any such thing or means to be administered
or
used to her, shall be guilty of a felony, and shall be liable to
imprisonment
for life.
Supplying drugs or instruments to procure abortion
152. Any person who unlawfully supplies to or
procures
for any person any thing whatever, knowing that it is intended to be
unlawfully used with intent to procure the miscarriage of a woman,
whether she is or
is not with child, is guilty of a felony, and shall be liable to
imprisonment
for 5 years.
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Killing an unborn child
214. Any person who, with intent to destroy the
life
of a child capable of being born alive, by any wilful act causes a
child
to die fore it has an existence independent of its mother, is guilty of
a
felony known as child destruction, and shall be liable to imprisonment
for
life:
Provided that no person shall be found guilty of
an
offence under this section unless it is proved that the act which
caused
the death of the child was not done in good faith for the purpose of
preserving
the life of the mother.
Evidence
215. For the purposes of section 214, evidence
that
a woman had at any material time been pregnant for a period of 28 weeks
or
more shall be prima facie proof that she was at the time pregnant of a
child
capable of being born alive.
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Surgical operation
227. A person is not criminally responsible for performing in good faith and with reasonable care and skill a surgical operation upon any person for the benefit, or upon any unborn child for the preservation of the mother’s life, if the performance of the operation is reasonable, having regard to the patient’s state at the time and to all the circumstances of the case.