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When is an abortion legally allowed?

Last updated on Jun 16, 2022

Abortion is legally permitted only if the term of the pregnancy is not more than 20 weeks. However, a pregnant woman cannot get an abortion if a doctor is not satisfied that she meets the conditions for it. The number of doctors who have to decide whether she can get an abortion depends on the number of weeks of her pregnancy.

Less than 12 weeks

If the length of the pregnancy has not exceeded 12 weeks, i.e. is still in the first trimester, one doctor has to agree to the abortion.

Between 12 weeks and 20 weeks

If the length of the pregnancy has exceeded 12 weeks, but is less than 20 weeks then, at least 2 doctors have to agree to it(( Section 3(2) The Medical Termination Of Pregnancy Act, 1971.)).

However, emergency abortions can be conducted both before and after 20 weeks.

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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.