Lawful Termination 2018

Risk to life or health

A termination of pregnancy may be carried out in accordance with the 2018 legislation where 2 medical practitioners, having examined the pregnant woman, are of the reasonable opinion formed in good faith that—

• there is a risk to the life, or of serious harm to the health, of the pregnant woman,
• the foetus has not reached viability, and
• it is appropriate to carry out the termination of pregnancy in order to avert the risk

“viability” means the point in a pregnancy at which, in the reasonable opinion of a medical practitioner, the foetus is capable of survival outside the uterus without extraordinary life-sustaining measures.

Of the 2 medical practitioners one shall be an obstetrician, and the other shall be an appropriate medical practitioner. A termination of pregnancy shall not be carried out unless each of the medical practitioners has certified his or her opinion as to the relevant matters.

The termination of pregnancy to which the certification relates shall be carried out by the obstetrician involved.

Risk to life or health in emergency

Notwithstanding the above or any determination made or pending for an application below, a termination of pregnancy may be carried o by a medical practitioner where, having examined the pregnant woman, he or she is of the reasonable opinion formed in good faith that—

• there is an immediate risk to the life, or of serious harm to the health, of the pregnant woman, and
• it is immediately necessary to carry out the termination of pregnancy in order to avert that risk.

Where a medical practitioner proposes to carry out a termination of pregnancy under this provision he or she shall certify his or her opinion as to the required matters before carrying out the termination of pregnancy concerned, or where it is not practicable to do so beforehand , as soon as may be but, in any event, not later than 3 days after the carrying out of the termination of pregnancy concerned.

Condition likely to lead to death of foetus

A termination of pregnancy may be carried out iwhere 2 medical practitioners, having examined the pregnant woman, are of the reasonable opinion formed in good faith that there is present a condition affecting the foetus that is likely to lead to the death of the foetus either before, or within 28 days of, birth.

Of the 2 medical practitioners one shall be an obstetrician, and the other shall be a medical practitioner of a relevant specialty.

A termination of pregnancy shall not be carried out unless each of the medical practitioners has certified his or her opinion as to the matters concerned. The termination of pregnancy to which the certification relates shall be carried out by the relevant obstetrician

Early pregnancy

A termination of pregnancy may be carried out by a medical practitioner where, having examined the pregnant woman, he or she is of the reasonable opinion formed in good faith that the pregnancy concerned has not exceeded 12 weeks of pregnancy.

A termination of pregnancy under this provision shall not be carried out unless the medical practitioner has certified his or her opinion as to this matter. The termination of pregnancy shall not be carried out by a medical practitioner unless a period of not less than 3 days has elapsed from—

• the date of certification by that medical practitioner, or
• where a certification was previously made in respect of the pregnancy by another medical practitioner , the date of that previous certification.

A termination of pregnancy to which the certification rrelates shall be carried out as soon as may be after the period referred to above, as the case may be, has elapsed but before the pregnancy has exceeded 12 weeks of pregnancy. “12 weeks of pregnancy” is interpreted in accordance with the medical principle that pregnancy is generally dated from the first day of a woman’s last menstrual period.

Prohibition against receiving special benefits or advantages

A person who engages in or holds himself or herself out as providing information, advice or counselling (howsoever described) to members of the public in relation to termination of pregnancy within or outside the State may not receive or agree to receive, directly or indirectly, in consideration of a termination of pregnancy within or outside the State, or the making of any arrangements in relation to a termination of pregnancy within or outside the State, any special benefit or advantage. A person who does so is guilty of an offence He or she shall be liable on summary conviction to a class A fine.

A “special benefit or advantage”, in relation to a relevant person, means a financial or other benefit or advantage different in kind or larger in amount, size or quantity than that that would be obtainable by the relevant person in respect of information, advice or counselling in relation to termination of pregnancy provided by the relevant person over and above the reasonable costs of the provision of such information, advice or counselling.

Services for women in accordance with Act of 2018

The HSE shall make available without charge medical, surgical and midwifery services for the purpose of termination of pregnancy in accordance with the 2018 legislation of 2018 for women who are ordinarily resident in the State. The services shall be provided otherwise than as in-patient services.

A woman entitled to receive services under this provision may choose to receive them from any person who has entered into an agreement with the Health Service HSE for the provision of those services and who is willing to accept her as a patient.

The services shall include the supply without charge of specified drugs, medicines and medical and surgical appliances for the purpose of a termination of pregnancy in accordance with the legislation standing approved by the Heath Service HSE, or on the Reimbursement List.

Key Definitions

• “appropriate medical practitioner”, in relation to a medical practitioner and his or her assessment of the risk to the life, or of serious harm to the health, of a pregnant woman, means a medical practitioner appropriate to the care or treatment of the woman in respect of the risk;
• “HSE” means the Health Service HSE;
• “health” means physical or mental health;
• “medical specialty” means a medical specialty recognised by the Medical Council
• “obstetrician” means an obstetrician and gynaecologist;
• “obstetrician and gynaecologist” means a medical practitioner who is registered in the Specialist Division of the register under the medical specialty of “Obstetrics and Gynaecology”;
• “relevant specialty”, in relation to a medical practitioner and his or her assessment of the presence of a condition affecting a foetus that is likely to lead to the death of the foetus either before, or within 28 days of, birth, means a medical specialty—
  • in respect of which the medical practitioner is registered in the Specialist Division of the register, and
  • relevant to the diagnosis, care or treatment of such a condition;
• “review”, in relation to a relevant decision, means a review under section 16 ;
• “review committee”, in relation to a relevant decision, means the committee established to review that decision;