MORE FREQUENT QUESTIONS
 

The abortion in Spain

  1. According to ley orgánica 9/1985, 5 of July of reform penal code of article 417 bis:

    1. The abortion practiced by a doctor, or under his direction will not be punible, in center or sanitary, public or deprived, credited establishment and with express consent of the pregnant woman, when some of the following circumstances concurs.

    2. That it is necessary to avoid a serious danger for the physical health or psychic of the pregnant woman and thus consists in a ruling issued prior to the intervention by a corresponding specialty doctor, different from that under whose direction the abortion practices. In case of urgency by vital risk for the pregnant, it will be able to be done without the opinion and the express consent.

      In Spain 99% of the 56.000 abortions of first trimester that were made in 2001, took place under the assumption of "Psychic Health" and equal it occurred with 81% of the 5.400 abortions of 2º quarterly. Rest 19% was defective.
      At practical level in Spain the abortion can be considered free until the 22-23 weeks, since the assumption of "Psychic Health" does not have legal limit.

    3. That the pregnancy is consequence of a constituent fact of violation crime of 429 article, whenever the abortion practices within the first twelve weeks of gestation and that the mentioned fact had been denounced.
    4. That it is presumed that the fetus will have to be born with serious physical or psychic tares, whenever the abortion practices within the twenty-two first weeks of gestation and that the ruling, expressed prior to the practice of the abortion, is issued by two specialists of the center or sanitary, public or deprived establishment, credited to the effect, and different from that by that or under whose direction the abortion practices.

  2. In the cases anticipated in the previous number, the conduct of the pregnant woman will not be punible even though the practice of the abortion is not made in a center or credited public or deprived establishment or the demanded medical findingses have not been emitted.



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