Can a married woman terminate an unwanted pregnancy?

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Yes. If a contraceptive device fails to work, and a married woman becomes pregnant as a result, it will be presumed that the pregnancy was unwanted and that the woman’s mental health will be affected if the pregnancy continues. Therefore, before 20 weeks of the pregnancy, the doctor can perform the abortion if the woman desires but only if the doctor believes that it should be done.

This presumption does not apply to unmarried women who have conceived due to failure of contraceptives. However, this does not mean that unmarried women cannot get an abortion. If a doctor believes that their mental health will be affected by the continuation of the pregnancy then the abortion will be legally allowed.

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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

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.

Responsibility of Employers

At the time of joining the employment, employers have to inform women about maternity benefit available in the organization.