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

Last updated on Jun 16, 2022

In every hospital, records of the abortion should be maintained in the following ways1:

  • Doctor’s Opinion: The doctors who perform abortions have a legal duty to record their opinions on why they are going to do or not do the abortion. If they are going ahead with the abortion, within three hours of conducting the abortion, they have to certify it by filling Form 1 of the Medical Termination of Pregnancy Regulations, 2003.
  • Consent Form : The consent form to go ahead with the abortion has to be filled by the pregnant woman who is undergoing the abortion. The consent form is given in Form C of the Medical Termination of Pregnancy Rules, 2003.

Admission Registers: An admission register is maintained by the head of the hospital or the owner of the place approved for conducting abortion where the details of the women undergoing abortion are maintained. The Admission Register is a confidential document. These hospital records of abortions are routinely sent to the Chief Medical Officer of the State and the register is not kept open for any inspections keeping in mind the privacy of the woman.

  1. Regulations 4 and 5, Medical Termination of Pregnancy Regulations, 2003.[]

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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.

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.

Responsibility of Employers

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