CZECH REPUBLIC. Law on abortion, 20 October 1986.
Purpose of the Law
1. This Law shall regulate the artificial termination of pregnancy and shall establish conditions for the performance thereof with due regard to protection of the life and health of the woman and in the interests of planned and responsible childbirth.
Prevention of unwanted pregnancies
2. Unwanted pregnancies shall be prevented principally by education in planned and responsible childbirth in the family, in schools, and in health establishments, by educational measures in the social and cultural environment, and by the use of contraceptives.
3. Contraceptives on medical prescription, medical examinations, and follow-up examinations associated therewith shall be provided to women free of charge.
Conditions for artificial termination of pregnancy
4. A pregnancy shall be artificially terminated if the woman makes a written request to this effect, the pregnancy has not passed the twelfth week, and there are no contraindications on health grounds.
5. A pregnancy may be artificially terminated on health grounds with the woman’s consent, or at her instigation, if her life or health or the healthy development of the fetus are endangered, or if fetal development manifests genetic anomalies.
6. (1) In the case of a woman who has not yet reached the age of 16, artificial termination of pregnancy in accordance with Section 4 may be performed with the consent of her legal representative or of the person who has been assigned responsibility for bringing her up.
(2) If artificial termination of pregnancy in accordance with Section 4 has been performed on a woman between 16 and 18 years of age, the health establishment shall notify her legal representative.
Procedure for dealing with artificial termination of pregnancy
7. The woman shall make a written request for artificial termination of pregnancy to the gynaecologist of the health establishment serving her place of permanent residence, place of work, or school. The gynaecologist shall inform the woman of the possible health consequences of artificial termination of pregnancy and instruct her in the use of methods and means of contraception. If the woman insists on artificial termination of pregnancy and the gynaecologist finds that the conditions therefor are satisfied, he shall specify the health establishment where the operation is to be performed.
8. (1) If the gynaecologist does not find that the conditions for artificial termination of pregnancy (Sections 4 and 5) are satisfied, the woman may within three days make a written request for his decision to be reviewed by the district specialist in gynaecology and obstetrics, who shall review the request within two days of its being submitted. In reviewing the request the specialist shall call on the assistance of two further specialists in that field, and if necessary specialists in other relevant fields. If he finds that the conditions for artificial termination of pregnancy are satisfied, he shall inform the woman and specify the health establishment where the operation is to be performed.
(2) If the district specialist in gynaecology and obstetrics does not find that the conditions for artificial termination of pregnancy are satisfied, but the woman still insists on the operation, he shall immediately forward her written request for review to the regional specialist in gynaecology and immediately forward her written request for review to the regional specialist in gynaecology and obstetrics, who shall call on the assistance of two further specialists in that field, and if necessary specialists in other relevant fields, and shall review the request within three days of its being submitted. If he does not find that the conditions for artificial termination of pregnancy are satisfied, he shall give the woman written notification of the result of the review, which shall be final, but if the conditions for artificial termination of pregnancy are satisfied, he shall follow the same procedure as specified in subsection 1 for the district specialist in gynaecology and obstetrics.
9. The procedures laid down by this Law shall not be subject to the general provisions on administrative procedures.
Artificial termination of pregnancy for aliens
10. Artificial termination of pregnancy in accordance with Section 4 shall not be performed in the case of aliens who are resident only temporarily in the Czech socialist Republic.
Payment of a supplementary charge or fee for artificial termination of pregnancy
11. (1) In such cases as are laid down by legal provisions of general scope, the woman shall pay a supplementary fee to the health establishment for artificial termination of pregnancy performed in accordance with Section 4.
(2) Payment for artificial termination of pregnancy in the case of aliens shall be regulated by special provisions.
Delegation of powers
12. The Ministry of Health of the Czech Socialist Republic shall issue universally binding legal provisions that lay down in detail the conditions for artificial termination of pregnancy, the procedures for dealing with artificial termination of pregnancy, the amount of supplementary fees, and the conditions under which they are to be paid. These provisions shall also determine those categories of aliens on which artificial termination of pregnancy may be performed for a fee.
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