Consent from parents/ partner/ husband needed for abortion?

consent

If you are 18 years and above, you do not need the consent of anyone to get an abortion. 

The consent form is to be filled at the time of abortion. This is needed for documentation purposes alone. 

Abortion in India is guided by the Medical Termination of Pregnancy (MTP) Act, 1971. Nowhere in the law, it is stated that for an adult woman to get an abortion, she needs consent from her parents or her partner, or her husband. The law clearly states that pregnancy can be terminated with the consent of the woman alone. The only time the law brings in another person for consent is if the person who needs an abortion is a minor, that is below 18 years of age or if the person is mentally ill, then the written consent of the guardian is needed for an abortion.

[Whichever part of India you are in, if you are facing barriers to access safe and legal abortion, talk to us now. We are there for you and we will ensure that nothing comes in your way to get a safe and legal abortion. Click on this Whatsapp chat button now: header wp icon ]

Abortion is legal 

Abortion is legal in India. Whether you are married or unmarried, you can get an abortion. However, the decision rests on the doctor. What this means is that it is the doctor who finally decides whether you should be given an abortion. This, however, is not to be misunderstood that you can’t get an abortion even if you are within the legal limits to get an abortion. Many a time doctors refuse to give abortion due to their personal beliefs and value systems. Also, doctors who indeed give abortion can refuse to give an abortion, if they anticipate complications for you if you undergo abortions. This is a possibility if you have certain pre-existing medical conditions.

Anyone can get an abortion?

The MTP Act 1971, says that a woman can get an abortion up to 20 weeks of her pregnancy under the following conditions:

  • When the continuation of the pregnancy is a risk to the life of a pregnant woman or could cause grave injury to her physical or mental health;
  • When there is a substantial risk that the child if born or dead would be seriously handicapped due to physical or mental abnormalities;
  • When pregnancy is caused due to rape (presumed to cause grave injury to the mental health of the woman);
  • When pregnancy is caused due to failure of contraceptives used by a married woman or her husband (presumed to constitute a grave injury to the mental health of the woman).

[If you want to terminate an unplanned pregnancy and you are unmarried, please don’t go to quacks to get an abortion. What most of you don’t know is that abortion is legal in India under many circumstances and you have to feel nothing illegal about getting an abortion. You don’t have to feel ashamed, scared and judged for getting an abortion. Talk to us now and we will help you get a safe and legal abortion that is affordable. Click on this Whatsapp chat button now: header wp icon ]

As you have noticed there is no clear-cut declaration about unmarried women in the law. This ambiguous nature of the law about unmarried women is a drawback of the MTP Act, 1971. However, it is widely accepted that doctors can give abortion to unmarried women under the justification that continuing the pregnancy can cause grave injury to the mental health of the pregnant women. 

Privacy

You have every right to safeguard your privacy when it comes to abortion. Your right to privacy is also to be respected and acknowledged by the abortion service providers. The Supreme Court of India had declared in a landmark judgment that, “A woman’s freedom of choice whether to bear a child or abort her pregnancy are areas which fall in the realm of privacy.” Thus if any doctor or hospital staff threatens you with “I will call your parents/ partner/husband”, you can give them back on the same note that “I will call my lawyer and file a case against you for violating my privacy.”

Abortion is a personal choice and no woman should be made to feel ashamed, guilty or judged. The Indian law has given the rights for women such that safe, legal abortion can be availed from registered doctors and hospitals who are authorized to give abortions. 

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