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Family Law - Terminating Pregnancy: What you need to know

Date: January 13, 2012

Authors: Angelita Manlangit LL.B.

Terminating Pregnancy: What you need to know

Abortion is the end or termination of pregnancy which can be performed in the early stages, that is, during the first trimester (up to 12 weeks) of pregnancy. However, there are instances where abortion is performed in the second trimester (12-24 weeks) or more rarely, in the third trimester (24-36 weeks).

There are two types of abortion:

  1. Surgical abortion – This is a low-risk procedure that is performed on the first trimester of pregnancy. It involves suction aspiration or suction curette that removes the lining and the contents of the uterus.

  1. Medical abortion – This is a low-risk alternative to surgery used for ending pregnancy earlier than seven to nine weeks. An 'abortion pill' known as RU486 or mifepristone is the most widely known medication used in Australia for this procedure.

The grounds for abortion in Australia differ from state to state. However, the objective remains the same for all jurisdictions, that is, to protect the life and health of women.

  1. Australian Capital Territory: Abortion may be performed by a qualified medical practitioner.

  1. Victoria: It may be performed up to 24 weeks of pregnancy. If beyond 24 weeks of pregnancy, the approval of two qualified medical practitioners are required.

  1. New South Wales and Queensland: Abortion is illegal. However, if a qualified medical practitioner believes that a woman's physical and/or mental health is in serious jeopardy, abortion may be performed. In New South Wales, economic, social and medical factors can be taken into account.

  1. South Australia and Tasmania: Two qualified medical practitioners must believe that a woman's physical and/or mental condition will be jeopardised, or there is a possibility of serious foetal abnormality, if abortion is not performed. In Tasmania, counselling is a requirement.

  1. Western Australia: It may be performed up to 20 weeks of pregnancy and is highly restricted after 20 weeks.

  1. Northern Territory: It may be performed up to 14 weeks of pregnancy. If the pregnancy is between 14 – 23 weeks, abortion may only be performed if two qualified medical practitioners believe that a woman's physical and/or mental condition will be jeopardised, or there is a possibility of serious foetal abnormality. In emergency cases, the Court allows up to 23 weeks.

It is evident that abortion is subjected to a variety of conditions, which varies from state to state. The laws that regulate abortion are confusing. Therefore, if you or someone you love is considering abortion, contact our Family Law Solicitors for advice.

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