Hi

Whether you are pro- or anti-abortion, in terms of the Choice of Termination of Pregnancy Act, 92 of 1996, any woman (irrespective of age) who does not want to go through with a pregnancy can choose to have the pregnancy terminated. Parental or partner's consent is not required.

A pregnancy may be terminated-

1)    upon request of a woman during the first 12 weeks of the gestation period of her pregnancy;

2)    from the 13th up to and including the 20th week of the gestation period if a medical practitioner, after consultation with the pregnant woman, is of the opinion that-

a)  the continued pregnancy would pose a risk of injury to the woman's physical or mental health; or

b)  there exists a substantial risk that the fetus would suffer from a severe physical or mental abnormality; or

c)     the pregnancy resulted from rape or incest; or

d) the continued pregnancy would significantly affect the social or economic circumstances of the woman; or

3)    after the 20th week of the gestation period if a medical practitioner, after consultation with another medical practitioner or a registered midwife, is of the opinion that the continued pregnancy-

a)  would endanger the woman's life;

b)  would result in a severe malformation of the fetus; or

c)     would pose a risk of injury to the fetus.

The termination of a pregnancy may only take place with the informed consent of the pregnant woman except where she is severely mentally disabled to such an extent that she is completely incapable of understanding and appreciating the nature or consequences of a termination of her pregnancy or is in a state of continuous unconsciousness and there is no reasonable prospect that she will regain consciousness in time to request and to consent to the termination of her pregnancy. 

In those instances her guardian or curator (as the case may be) may consent to the termination of the pregnancy.

The rationale behind the act is not to promote promiscuity but, rather, to encourage safe, legal abortions rather than "backstreet" abortions that are likely to endanger the health and lives of pregnant women. 

To get a free abortion, the request for a Termination of Pregnancy must be made at a primary health care clinic, where the pregnancy will be confirmed, counselling provided, an appointment made, and a referral letter be given to a facility where the procedure can be performed. Not all health workers are willing to be involved in this service, but they are obligated by law to inform the client of her rights and must refer the client to a health worker or facility where she can get the service.

It would be interesting to see if an unhappy partner or parent could successfully challenge the constitutionality of the act on the basis that he or they oppose the abortion.

Regards

Roy Bregman

Tel          011 646 0335

Cell         082 881 2360

Fax         086 680 9142

Email       roy@bregmans.co.za

Web        www.roylaw.co.za

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              Office Towers, Killarney Mall

              60 Riviera Road, Killarney 2193

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