Abortion Allowed Up to 14 Weeks of Pregnancy... Government Announces Legislative Proposal for Law Amendment

[Asia Economy Reporter Baek Kyunghwan] The government announced on the 7th a legislative notice for amendments to the Criminal Act and the Maternal and Child Health Act that maintain the current abortion law but do not punish abortions up to 14 weeks of pregnancy. Abortions will be allowed up to 24 weeks of pregnancy if social and economic reasons are recognized.

The amendments to the Criminal Act and the Maternal and Child Health Act, announced by related ministries including the Ministry of Justice and the Ministry of Health and Welfare on the same day, set the decision-making period for pregnant women regarding pregnancy continuation and childbirth to "within 24 weeks of pregnancy." Unlike the Maternal and Child Health Act, which contains conditions for permitting abortion, the Criminal Act, which previously only had punishment provisions, newly establishes permission regulations.

First, within the early pregnancy period of 14 weeks, pregnant women can decide to have an abortion based on their own will without specific reasons or procedural requirements such as counseling.

Also, between 15 and 24 weeks of pregnancy, conditional abortion is allowed if there are social or economic reasons in addition to the abortion permission grounds stipulated in the Maternal and Child Health Act. Under the current Maternal and Child Health Act, abortion is permitted within 24 weeks of pregnancy only if the pregnant woman or her spouse has a genetic or infectious disease, pregnancy resulting from a sexual crime or incest, or if the health of the pregnant woman is at risk.

The amendment to the Criminal Act also sets procedural permission requirements for safe abortion. As before, abortion providers are limited to doctors, and abortions can only be performed using medically recognized methods. Additionally, if abortion is performed for social or economic reasons, counseling and a 24-hour reflection period as stipulated in the Maternal and Child Health Act must be completed. However, the spousal consent requirement under the Maternal and Child Health Act, which was criticized for infringing on women's right to self-determination, has been removed.

The amendment to the Maternal and Child Health Act additionally permits drugs that induce natural miscarriage as abortion methods. The current law only regulates surgical methods. Comprehensive pregnancy and childbirth counseling centers will be established at public health centers and non-profit organizations to provide psychological counseling regarding pregnancy continuation. However, if there is a mental or physical disability, consent from a legal representative can substitute, and for minors who have difficulty obtaining guardian consent, a counseling confirmation certificate can also be used to proceed with the procedure.

Meanwhile, the government plans to swiftly submit the government bill to the National Assembly after review by the Ministry of Government Legislation and the Cabinet meeting, aiming for the law to be amended within the year.