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Can a pregnant minor give consent for an abortion?

Last updated on Apr 8, 2022

If the person who needs an abortion is a minor, i.e. a person below 18 years of age, then the consent of her guardian is compulsory(( Section 3(4)(a), The Medical Termination Of Pregnancy Act, 1971)). A guardian will be the parent or any person who takes care of her under the law. The doctor has a duty to make sure that the guardian’s consent is obtained before conducting the abortion on a minor.

If the doctor suspects that the pregnancy is a result of child sexual abuse, the doctor has a duty to report it to the police. Even though the doctor may know about it through discharge of their professional duties or within a confidential relationship, they are still legally bound to report any suspicion of child sexual abuse

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Related Resources

Guide to Accessing Safe Abortions

The Nyaaya Guide to Accessing Safe Abortions aims to highlight the rights available to women accessing abortions and the processes to be followed for a safe and legal abortion. 

Who does this law apply to?

A pregnant woman can seek a legal abortion under two circumstances - to safeguard her health and in case of fetal abnormality.

What are the abortion records to be kept by hospitals and doctors?

By way of records of an abortion, hospitals must maintain the doctor's opinion, the consent form of the patient and admission registers

Can a married woman terminate an unwanted pregnancy?

Within 20 weeks of the pregnancy, the doctor can perform the abortion if the married woman desires and is necessary for her mental health.

Does a woman suffering from mental illness have the right to get an abortion?

Consent of a guardian is necessary to perform abortion on a woman suffering from any mental illness under the MTP Act 1971.

Who can seek Maternity Benefits?

Maternity benefits can be sought by expectant mothers, adoptive mothers as well as those recovering from an abortion or tubectomy.