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Question
Posted by: Mommy | 2010/11/08

Marriate and termination of pregnancy

Good day

My husband and I are currently separated, and it looks like a preamble to divorce. I dont think we will be getting back together. However, I fear that I may be pregnant.

What does the law say about terminating the pregnancy. I do not see my way clear to raising a child alone or getting back together just because of a child.

Can I go ahead and have a termination, or do I need his permission.

Thank you

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Our expert says:
Expert ImageFamily law expert

A Child is a gift, I will never advise from a moral perspective that abortion is a solution. No matter what the circumstances are both you and the father do have a responsibility towards the child and in your circumstances more so.

The law however is goverened ito the Choice on Termination of Pregnancy Act 1996 that allows a women to terminate pregnancy upon her request if she is within the first 12 weeks of pregnancy (gestation). However an abortion can be performed from the the 13th to 20th week of pregnancy if approved by a medical practitioner under the following conditions :

* continuing the pregnancy may be a risk to the mother’s physical or mental health.
* the fetus (foetus) may suffer with severe physical or mental abnormalities should the pregnancy continue to full term.
* the pregnancy is a result of rape or incest.
* continuing the pregnancy may have severe economic or social impact on the mother.

No matter what the law states, I would urge you to seriously consider having the child, you can always decide on adoption if you feel that you will not be in a position to look after the child financialy.


Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
Cape Town
www.divorceattorney.co.za
bertus@divorceattorney.co.za

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

5
Our users say:
Posted by: FIO | 2010/11/10

two aspects here - legal and personal. From legal perspective, as Bertus says, you can do it anytime within the specified time period.

Personally, you can do it too. But before doing consider counselling to determine if it really is the bets thing to do. Right now your decision is based on emotions of the moment, which cannot be clear or logical as you are in a difficult personal life situation. It helps to have an outside perspective that can evaluate your situation, and help you make smart choices based on reality, nto emotions that are clouded and tend to distort reality, even if you think reality isnotbeing distorted.

Morally and religiously, its your personal choice based on yoru beliefs and values. people are quick to slam abortion, but when, for example, the pregnancy is the product of rape, then they condone it. Why? Its a potential child irrespective of origins.

As for biological component, there are reasons why 12 weeks is the limit. Up until that stage the foetus is still developing and not yet a fully formed functional human being. It cannot survive outside the human body,and does nto yet have all the body parts and compnents devloped. Thereafter it is, from 12 weeks on, and it really just starts growing bigger and more complex. Up until 20 weeks is based on medical findings, such as if the child is Down Syndrome child, then termnation will be granted.

Reply to FIO
Posted by: Nini | 2010/11/10

good advice.

Reply to Nini
Posted by: family law expert | 2010/11/09

A Child is a gift, I will never advise from a moral perspective that abortion is a solution. No matter what the circumstances are both you and the father do have a responsibility towards the child and in your circumstances more so.

The law however is goverened ito the Choice on Termination of Pregnancy Act 1996 that allows a women to terminate pregnancy upon her request if she is within the first 12 weeks of pregnancy (gestation). However an abortion can be performed from the the 13th to 20th week of pregnancy if approved by a medical practitioner under the following conditions :

* continuing the pregnancy may be a risk to the mother’s physical or mental health.
* the fetus (foetus) may suffer with severe physical or mental abnormalities should the pregnancy continue to full term.
* the pregnancy is a result of rape or incest.
* continuing the pregnancy may have severe economic or social impact on the mother.

No matter what the law states, I would urge you to seriously consider having the child, you can always decide on adoption if you feel that you will not be in a position to look after the child financialy.


Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
Cape Town
www.divorceattorney.co.za
bertus@divorceattorney.co.za

Reply to family law expert
Posted by: GT | 2010/11/08

HI
You do not need anybodies permission to terminated a pregnancy.
It will be best to give the child up for adoption if you truly unable to cope mentally or financially

If you terminate the pregnancy IT IS MURDER IN GODS eyes.
The child is a gift from GOD

Reply to GT
Posted by: Maria | 2010/11/08

You never need a man''s permission to terminate a pregnancy. It will however have far reaching effects so please go for counselling to make sure this is really what you want to do. You could also consider adoption, but then you would need his permission.

Reply to Maria

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