Assessment of Legal Indications for Termination of Pregnancy

Assessment of Legal Indications for Termination of Pregnancy

Thailand’s criteria for terminating a pregnancy are under the Criminal Code, Section 305 (1) (2) and Sections 276, 277, 282, 283, and 284. Section 305 consists of 2 relevant paragraphs stating that pregnancy termination can be done as follows:

The first paragraph is 1) Pregnancy that affects health, where “health” as defined by the World Health Organization includes physical, mental, social, and spiritual health. Under the Medical Council’s regulations, it is stated that 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, it is stated that the severity also affects mental health. In such cases, the termination of pregnancy for women diagnosed with abnormalities can be performed.

The second paragraph is that the pregnancy resulted from a criminal offense under the following 5 sections of the Criminal Code:

• • Section 276 concerning rape

• • Section 277 concerning causing a child under 15 years old to become pregnant, whether consensual or not
  • Sections 282, 283, 284 concerning luring others for indecent acts, satisfying sexual desires by deception, coercion, or threats, even if ultimately consensual, it is considered a pregnancy resulting from a criminal offense

According to the Criminal Code, Section 305 (1) (2) and Sections 276, 277, 282, 283, and 284, Thailand sets criteria for women to legally terminate a pregnancy in the following cases:

1. The pregnancy adversely affects the woman’s physical health
2. The pregnancy adversely affects the woman’s mental health
3. The fetus has disabilities
4. The pregnancy resulted from rape
5. The pregnancy in a girl not older than 15 years
6. The pregnancy resulted from deception, coercion, or threats for indecent acts, satisfying sexual desires