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  Law on Abortion 09/26/2017 11:06am (UTC)
   
 

THE CURRENT LAW ON ABORTION IN GHANA

In Ghana abortion is a criminal offence regulated by Act 29, section 58 of the Criminal code of 1960, amended by PNDCL 102 of 1985. It states that:11

* Subject to the provisions of subsection (2) of this section

* any woman who with intent to cause abortion or miscarriage administers to herself or consent to be administered to her any poison, drug or other noxious thing or uses any instrument or other means whatsoever; or

*any person who;

+ administers to a woman any poison, drug or other noxious thing or uses any instrument or other means whatsoever with intent to cause abortion or miscarriage, whether or not the woman is pregnant or has given her consent

+ induces a woman to cause or consent to causing abortion or miscarriage;

+ aids and abets a woman to cause abortion or miscarriage;

+ attempts to cause abortion or miscarriage; or

+ supplies or procures any poison, drug, instrument or other thing knowing that it is intended to be used or employed to cause abortion or miscarriage; shall be guilty of an offence and liable on conviction to imprisonment for a term not exceeding five years.

* It is not an offence under section (1) if an abortion or miscarriage is caused in any of the following circumstances by a registered medical practitioner specializing in Gynaecology or any other registered medical practitioner in a government hospital or a private hospital or clinic registered under the Private Hospital and Maternity Home Act, 1958 (No. 9) or in a place approved for the purpose by legislative instrument made by the Secretary:

* where pregnancy is the result of rape or defilement of a female idiot or incest and the abortion or miscarriage is requested by the victim or her next of kin or the person in loco parentis, if she lacks the capacity to make such request;

* where the continuance of the pregnancy would involve risk to the life of the pregnant woman or injury to her physical or mental health and such a woman consents to it or if she lacks the capacity to give such consent it is given on her behalf by her next of kin or the person in loco parentis;

* where there is substantial risk that if the child were born it may suffer from or later develop a serious physical abnormality or disease.

* For the purposes of this section Abortion or miscarriage means premature expulsion or removal of conception from the uterus or womb before the period of gestation is completed.
 
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