Abstract : This article reproduces substantive parts of South Africa's 1996 Choice on Termination of Pregnancy Bill and provides a commentary on the law. The law states that pregnancies can be terminated under the following circumstances: 1) upon request of a woman during the first 12 weeks of gestation; 2) from week 13 to 20 if the pregnancy risks injury to the woman's physical or mental health, if the fetus risks being severely abnormal, if the pregnancy resulted from rape or incest, or if the pregnancy would significantly affect the woman's socioeconomic status; and 3) after week 20 if the pregnancy endangers the woman's life, would result in severe malformation of the fetus, or poses a risk of injury to the fetus. Trained, registered midwives may perform pregnancies up to week 12. Abortions must take place at designated facilities, and the state is to promote provision of nonmandatory and nondirective preabortion counseling. Abortion requires only the informed consent of the woman involved, and minors are to be urged but not forced to consult with their family and friends before undergoing the procedure. If a woman is unable to give consent due to severe mental disability of a state of continuous unconsciousness, the procedure can take place with the consent of legal guardians or curator personae as long as two medical practitioners or a medical practitioner and a registered midwife consent. The Act requires that facilities maintain records about abortions that will be regularly forwarded to the Director-General of Health.
Source : source Reproductive Health Matters : http://www.rhmjournal.org.uk/.