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Abortion laws vary widely among countries and territories, and have changed over time. Such laws range from abortion being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances. Many countries and territories that allow abortion have gestational limits for the procedure depending on the reason; with the majority being up to 12 weeks for abortion on request, up to 24 weeks for rape, incest, or socioeconomic reasons, and more for fetal impairment or risk to the woman's health or life. As of 2022, countries that legally allow abortion on request or for socioeconomic reasons comprise about 60% of the world's population.
Abortion in Chile is legal in the following cases: when the mother's life is at risk, when the fetus will not survive the pregnancy, and during the first 12 weeks of pregnancy in the case of rape. Between 1989 and 2017, Chile had one of the most restrictive abortion policies in the world, criminalizing its practice without exception.
Abortion in Brazil is a crime, with penalties of 1 to 3 years of imprisonment for the pregnant woman, and 1 to 4 years of imprisonment for the doctor or any other person who performs the abortion on someone else. In three specific situations in Brazil, induced abortion is not punishable by law: in cases of risk to woman's life; when the pregnancy is the result of rape; and if the fetus is anencephalic. In these cases, the Brazilian government provides the abortion procedure free of charge through the Sistema Único de Saúde. This does not mean that the law regards abortion in these cases as a right, but only that women who receive abortions under these circumstances, and the doctors, will not be punished. The punishment for a woman who performs an abortion on herself or consents to an abortion performed by another outside these legal exceptions is one to three years of detention. The base penalty for a third party that performs an illegal abortion with the consent of the patient, ranges from one to four years of detention, with the possibility of increase by a third if the woman comes to any physical harm, and can be doubled if she dies. Criminal penalties fixed at four years or less can be converted to non-incarceration punishments, such as community service and compulsory donation to charity.
Abortion in Iran, as can be expected of many government policies, changed drastically between governments.
Abortion in Romania is currently legal as an elective procedure during the first 14 weeks of pregnancy, and for medical reasons at later stages of pregnancy. In the year 2004, there were 216,261 live births and 191,000 reported abortions, meaning that 46% of the 407,261 reported pregnancies that year ended in abortion.
Abortion in Japan is allowed under a term limit of 22 weeks for endangerment to the health of the pregnant woman, economic hardship, or rape. Chapter XXIX of the Penal Code of Japan makes abortion de jure illegal in the country, but exceptions to the law are broad enough that it is widely accepted and practiced. Exceptions to the prohibition of abortion are regulated by the Maternal Health Protection Law that allows approved doctors to practice abortion on a woman if the pregnancy was the result of rape or if the continuation of the pregnancy endangers the maternal health because of physical or economic reasons. Anyone trying to practice abortion without the consent of the woman will be prosecuted, including the doctors. If a woman is married, consent from her spouse is also needed to approve abortions for socioeconomic reasons, although the rule doesn't apply if she is in a broken marriage, suffering abuse or other domestic issues. Despite the partner’s consent not being necessary for unmarried women and women who were impregnated by abusive partners or through rape, many doctors and medical institutions seek a signature from the man believed to have made pregnant the woman for fear of getting into legal trouble, rights advocates say.
Abortion in Malta is illegal in all cases, Malta has one of the strictest anti-abortion laws in the world. Malta is the only country in the European Union to prohibit abortion entirely and one of the two European countries to prohibit it with Andorra. Treatment for an ectopic pregnancy is allowed with a case-by-case decision.
Abortion in Paraguay is illegal except in case of the threat to the life of the woman. Anyone who performs an abortion can be sentenced to 15 to 30 months in prison. If the abortion is done without the consent of the woman, the punishment is increased to 2 to 5 years. If the death of the woman occurred as a result of the abortion, the person who did the procedure can be sentenced to 4 to 6 years in prison, and 5 to 10 years in cases in which she did not consent.
Abortion in Panama is illegal except in instances that the pregnancy is life-threatening or the health of the woman is at risk, or if the pregnancy is the result of rape or incest.
Abortion in Venezuela is currently illegal except in some specific cases outlined in the Venezuelan Constitution, and the country has one of Latin America's most restrictive laws.
In Trinidad and Tobago, abortion is illegal save for few exceptions. The respective laws are in place since 1925.
The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly depending on the laws of each state or other jurisdiction. Some states prohibit abortion at all stages of pregnancy with few exceptions, others permit it up to a certain point in a woman's pregnancy, while others allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements. Abortion laws tend to be the most strict in the Southern United States and the most lenient in the Northeastern and Western United States.
Abortion in Costa Rica is severely restricted by criminal law. Currently, abortions are allowed in Costa Rica only in order to preserve the life or physical health of the woman. Abortions are illegal in almost all cases, including when the pregnancy is a result of rape or incest and when the fetus suffers from medical problems or birth defects. Both social and economic factors have led to this legal status. It remains unclear whether abortions are legal to preserve the mental health of the woman, though the 2013 United Nations abortion report says Costa Rica does allow abortions concerning the mental health of a woman.
Abortion-rights movements, also referred to as pro-choice movements, advocate for the right to have legal access to induced abortion services including elective abortion. They seek to represent and support women who wish to terminate their pregnancy without fear of legal or social backlash. These movements are in direct opposition to anti-abortion movements.
Abortion in Uganda is illegal unless performed by a licensed medical doctor in a situation where the woman's life is deemed to be at risk.
Algeria is the most restrictive country in the region regarding abortion. There are many laws and punishments regarding abortion. If there are posters, publicity, public meetings, group meetings that have to do with abortion, anyone involved can be punished.
Abortion is a controversial topic in Nigeria. Abortion in Nigeria is governed by two laws that differ depending on geographical location. Northern Nigeria is governed by The Penal Code and southern Nigeria is governed by The Criminal Code. The only legal way to have an abortion in Nigeria is if having the child is going to put the mother's life in danger. However, sex-selective abortion has long had acceptance in Nigeria.
Abortion in Thailand is legal and available on-request up to 20 weeks of pregnancy. Abortion has been legal up to at least 12 weeks of pregnancy since 7 February 2021. Following a 2020 ruling of the Constitutional Court which declared a portion of the abortion statutes unconstitutional, the Parliament removed first-term abortion from the criminal code. Once strict, over time laws have been relaxed to take into account high rates of teen pregnancy, women who lack the means or will to raise children, and the consequences of illegal abortion.
Abortion in Guatemala is illegal, except when needed to save the woman's life. Abortion was illegal without exception prior to 1973. Congressional Decree 17-73 altered the penal code to allow abortion in cases in which the pregnant woman's life is endangered in September 1973. The procedure must be done by a physician and approved by a second doctor.
Abortion in Malaysia is illegal. It is regulated under Sections 312–316 of the Penal Code. Access to abortion in Malaysia has been hampered by religious, cultural, and social stigmas against abortion, poor awareness of abortion legislation among health professionals, and the high cost of abortion services in the private health sector. As a result, illegal and risky unsafe abortions are prevalent in Malaysia, including self-induced abortions.
References
- ↑ "List of countries and their present status on abortion legislation". Choike. Archived from the original on 2006-11-05. Retrieved 2012-10-21.
- ↑ [ dead link ]
