Singapore legislation
Clause 5
Clause 5
Medical termination of pregnancy
(1)
Subject to the provisions of this section, a person shall not be guilty of an offence under the law relating to abortion when a pregnancy is terminated by a registered medical practitioner acting under an authorisation granted in that regard by the Board.
(2)
The Board may authorise treatment to terminate pregnancy to be carried out if it is of the opinion, formed in good faith —
that the continuance of the pregnancy would involve risk to the life of the pregnant woman or injury to the physical or mental health of the pregnant woman;
that the environment of the pregnant woman, both at the time when the child would be born and thereafter so far as is foreseeable, justifies the termination of her pregnancy.The expression “environment” in this paragraph includes the family and financial circumstances of the pregnant woman;
that there is substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped; or
that the pregnancy is the result of rape under section 375 of the Penal Code (Cap. 119) or of incest under section 376A of the Penal Code or of intercourse with an insane or feeble-minded person.
(3)
Notwithstanding the provisions of subsection (1) of this section, a registered medical practitioner, acting in consultation with another registered medical practitioner, shall not be guilty of an offence under the law relating to abortion where a pregnancy is terminated by him if the registered medical practitioners are of the opinion, formed in good faith, that the termination of pregnancy is necessary on the ground mentioned in paragraph (a) of subsection (2) of this section and, in such a case, the pregnancy may be terminated without the authorisation of the Board and shall be permitted under this Act:Provided that such treatment is carried out in a Government hospital or in an approved institution and the registered medical practitioners send to the Board as soon as practicable thereafter, a statement setting forth the medical reasons which in their opinion made the termination of pregnancy permissible.
(4)
Subject to subsection (5) of this section, every treatment to terminate pregnancy shall be carried out in a Government hospital or in an approved institution.
(5)
It shall not be an offence under the law relating to abortion and it shall be permitted under this Act for a registered medical practitioner to carry out treatment to terminate a pregnancy if he is of the opinion, formed in good faith, that such treatment is immediately necessary to save the life or to prevent grave permanent injury to the physical or mental health of the pregnant woman and, in such a case, it shall not be necessary for such treatment to be carried out in a Government hospital or in an approved institution.
(6)
Where the treatment to terminate pregnancy is carried out on the ground mentioned in subsection (5) of this section the authorisation of the Board shall not be required but the registered medical practitioner concerned in the treatment shall, as soon as practicable after the treatment, send to the Board a statement setting forth the medical reasons which, in his opinion, made such treatment immediately necessary.
(7)
The Board shall not authorise treatment to terminate a pregnancy on the ground that the pregnancy resulted from an act of rape or incest as mentioned in paragraph (d) of subsection (2) of this section unless the Attorney-General has certified that proceedings in respect of an offence of rape or incest, as the case may be, have been completed, or have begun, or that there is probable cause to believe that the pregnancy resulted from an act of rape or incest, as the case may be.
(8)
No treatment to terminate pregnancy shall be authorised by the Board under this Act, or permitted pursuant to the provisions of subsection (3) of this section, unless the pregnant woman has been resident in Singapore for a period of at least four months immediately preceding the date on which such treatment is to be carried out unless such treatment is immediately necessary on the ground mentioned in subsection (5) of this section.
(9)
Except as provided in subsections (3) and (5) of this section, no treatment to terminate pregnancy on any of the grounds mentioned in paragraphs (a), (b), (c) and (d) of subsection (2) of this section shall be carried out by a registered medical practitioner unless expressly authorised by the Board under the provisions of this Act.
(10)
Any person who contravenes or fails to comply with the provisions of subsection (9) of this section shall be guilty of an offence under this Act and shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding three thousand dollars or to both such imprisonment and fine.