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The abortion in Spain
- According to ley orgánica
9/1985, 5 of July of reform penal code of
article 417 bis:
- 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.
- 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.
- 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.
- 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.
- 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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