Countries set criteria for legally terminating a pregnancy due to the following 7 reasons:
- The life of the woman, if the pregnancy could lead to her death.
- The physical health of the woman due to the pregnancy.
- The mental health of the woman due to the pregnancy.
- The pregnancy is a result of rape or incest.
- Poor health or disability of the fetus.
- Economic and social reasons that make it impossible to continue the pregnancy.
- The woman’s personal decision on whether to continue the pregnancy or not.
For Thailand, it is also possible to legally terminate a pregnancy under the Penal Code 305 (1) (2) and sections 276, 277, 282, 283, and 284. Section 305 includes 2 relevant paragraphs stating that pregnancy termination can be done.
The first paragraph is
1) The pregnancy affects the mother’s health, where “health” as defined by the World Health Organization includes both physical and mental health. Under the Medical Council’s regulations, in cases of mental health, a doctor can diagnose without consulting a psychiatrist, and
2) In cases where the fetus has severe disabilities, under the Medical Council’s regulations, the severity also affects the mother’s mental health. In such cases, the termination of pregnancy for women diagnosed with fetal abnormalities can be done.
The second paragraph is
The pregnancy results from criminal offenses under 5 sections of the Penal Code as follows:
Section 276 regarding rape.
Section 277 regarding causing a child under 15 years old to become pregnant, whether consensual or not.
Sections 282, 283, 284 regarding luring others for indecent acts to satisfy sexual desires by deception, coercion, or threats, even if eventually consensual, but if it stems from the aforementioned reasons, it is considered a pregnancy resulting from a criminal offense.
In summary…
Under the Penal Code section 305 (1) (2) and sections 276, 277, 282, 283, and 284,
Thailand allows women to terminate a pregnancy by a doctor in the following cases:
- The pregnancy adversely affects the woman’s physical health.
- The pregnancy adversely affects the woman’s mental health.
- The fetus has disabilities.
- The pregnancy is a result of rape.
- The pregnancy in a girl under 15 years old.
- The pregnancy results from deception, coercion, or threats for indecent acts to satisfy sexual desires.