Termination of Pregnancy : Legal Abortion Sections 301 and 305 of the Penal code.

Abstract

As of now, Section 305 and Section 301 of the Thai Criminal Code have been amended to make it legal for women to terminate their pregnancies if their gestational age is not more than twelve weeks. However, these provisions do not clearly stipulate the conditions of such termination except the grounds for excluding physician liability. Through a research study based on relevant documents and data collected from questionnaires answered by fifty participants, the result demonstrates the view that most termination of pregnancies based on necessary reasons does not violate the fetus rights notwithstanding moral fault of the mother. Additionally, to the extent of necessity, such termination should be allowed even though it is against human dignity. Moreover, if a woman is found guilty from termination of her pregnancy, a man who impregnated the woman should be held jointly liable for the offense. Therefore, the revisions of these provisions must be done to actually protect the fetus and mother rights.