| (1) |
Subject to the provisions of subsections (4) and (5), the termination of a pregnancy may only take place with the informed consent of the pregnant woman. |
| (2) |
Notwithstanding any other law or the common law, but subject to the provisions of subsections (4) and (5), no consent other than that of the pregnant woman shall be required for the termination of a pregnancy. |
| (3) |
In the case of a pregnant minor, a medical practitioner or a registered midwife, or registered nurse, as the case may be, shall advise such minor to consult with her parents, guardian, family members or friends before the pregnancy is terminated: Provided that the termination of the pregnancy shall not be denied because such minor chooses not to consult them. |
| (4) |
Subject to the provisions of subsection (5), in the case where a woman is— |
| (a) |
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 |
| (b) |
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 terms of section 2, |
her pregnancy may be terminated during the first 12 weeks of the gestation period, or from the 13th up to and including the 20th week of the gestation period on the grounds set out in section 2(1)(b)—
| (i) |
upon the request of and with the consent of her natural guardian, spouse or legal guardian, as the case may be; or |
| (ii) |
if such persons cannot be found, upon the request and with the consent of her curator personae: |
Provided that such pregnancy may not be terminated unless two medical practitioners or a medical practitioner and a registered midwife or registered nurse who has completed the prescribed training course consent thereto.
| (5) |
Where two medical practitioners or a medical practitioner and a registered midwife or registered nurse who has completed the prescribed training course, are of the opinion that— |
| (a) |
during the period up to and including the 20th week of the gestation period of a pregnant woman referred to in subsection (4)(a) or (b)— |
| (i) |
the continued pregnancy would pose a risk of injury to the woman's physical or mental health; or |
| (ii) |
there exists a substantial risk that the fetus would suffer from a severe physical or mental abnormality; or |
| (b) |
after the 20th week of the gestation period of a pregnant woman referred to in subsection (4)(a) or (b), the continued pregnancy— |
| (i) |
would endanger the woman's life; |
| (ii) |
would result in a severe malformation of the fetus; or |
| (iii) |
would pose a risk of injury to the fetus, |
they may consent to the termination of the pregnancy of such woman after consulting her natural guardian, spouse, legal guardian or curator personae, as the case may be: Provided that the termination of the pregnancy shall not be denied if the natural guardian, spouse, legal guardian or curator personae, as the case may be, refuses to consent thereto.
Use of Official Languages Act, 2012
