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Current legal regulation of voluntary abortion

on September 10 at 09:56 PM
There have been several modifications that the legal regulation of abortion has undergone over the years, but what is the current one?

Since we are facing a delicate matter and of which different moral conceptions generally are mixed with different political ideologies, it is something that has been reformed several times depending on the party that was in power.

Abortion without the consent of the mother is always punished, but in the case in which there is consent from the mother, it will be punished except in the cases allowed by law and for this, it will be necessary to resort to the provisions, not in the Penal Code, but in Organic Law 2/2010 of March 3, on sexual and reproductive health and voluntary interruption of pregnancy.

 

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Article 15 is the one that collects the cases in which the pregnancy may be interrupted without there being a crime. It is a system of terms since it has to do with the gestation period, compared to the previous legal regulation, which consisted of a system of indications (cases of rape, risk in the life of the mother).

The article says that “exceptionally, the pregnancy may be interrupted for medical reasons when any of the following circumstances occur:

That twenty-two week of gestation is not exceeded and provided that there is a serious risk to the life or health of the pregnant woman and this is stated in an opinion issued before the intervention by a doctor or specialist doctor other than the one who practices or directs it. In case of emergency due to vital risk to the pregnant woman, the opinion may be dispensed with.
That the twenty-two weeks of gestation are not exceeded and provided that there is a risk of serious abnormalities in the fetus and this is recorded in an opinion issued before the intervention by two specialist doctors other than the one who practices or directs it.
When fetal anomalies incompatible with life are detected and this is stated in an opinion issued previously by a doctor or specialist, other than the one who performs the intervention, or when an extremely serious and incurable disease is detected in the fetus at the time of diagnosis and so confirmed by a clinical committee ”. This last assumption could occur at any time during pregnancy.
In the first 14 weeks, abortion is free. And according to the above, from 14 to 22 weeks, abortion will be allowed in the aforementioned cases only (1 and 2). Once the 22nd week has elapsed, an abortion without constituting a crime can only be done when fetal anomalies incompatible with life are detected or there is an incurable or extremely serious disease in the fetus.

After the new law, a reform of the same was carried out, according to which all minors (not only those under 14 years of age) must have the consent of their parents or legal guardians to perform the abortion. This is exempted in the case of family violence.

I hope it has been of your interest and has clarified any doubts



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