NETHERLANDS. Law on the termination of pregnancy of 1 May 1981..

Division I

Section 1. (1) [Definitions].

(2) For the purposes of this Law or provisions made pursuant to it, the words "termination of pregnancy" shall not mean the application of a method to prevent the nidation of a fertilized ovum in the uterus.

Section 2. Treatment intended to terminate pregnancy may be carried out only by a physician in a hospital or clinic licensed by our Minister to provide such treatment.

Section 3. (1) A pregnancy shall be terminated not earlier than the sixth day after the woman has consulted the physician and on that occasion discussed her intention with him.

(3) The physician shall inform the woman as soon as possible whether he will provide the assistance requested of him. In the case of a physician as referred to in subsection 1, this information must in all cases be provided not later than five days after she has first consulted him, and in other cases not later than three days.

Section 4. [concerns licences referred to in Art. 2].

Section 5. (1) General administrative regulations shall be issued setting forth conditions governing the provision of assistance and the reaching of decisions designed to ensure that any decision to terminate a pregnancy is taken carefully and is reached only if the distress in which the woman finds herself leaves no other choice.

1. In particular, the conditions referred to are designed to ensure:

1. that the woman who intends to terminate her pregnancy and has approached a physician with a request to this effect is given assistance, particularly through the provision of sound information regarding ways of dealing with her distressed situation other than termination of pregnancy;

1. that, if the woman is of the opinion that there is no other way to end her distressed situation, the physician is satisfied that the woman has submitted and upheld her request of her own free will, after careful consideration and in full awareness of her responsibilities towards the unborn child and of the consequences to herself and those nearest her;

1. that, without prejudice to the provisions of Section 20, the physician provides the treatment only if it can be considered justifiable on the basis of his findings; and

1. that, following termination of the pregnancy, the woman and those nearest to her have access to adequate aftercare, including information regarding methods of preventing unwanted pregnancies.

Sections 6-10. [conditions for granting or revoking clinic licences].

Section 11. (1) Any physician who provides treatment intended to terminate pregnancy shall communicate the following data to the chief physician of the establishment at least once a month:

1. the number of instances of treatment intended to terminate pregnancy that he has provided over the period concerned, and any unusual occurrences that have arisen in connexion with them;

1. in respect of each woman treated, the duration of the pregnancy, the number of previous pregnancies and pregnancy terminations, her age, her province or, in the case of women living outside the Netherlands, her country of residence, her marital status, and the number of her children; and

1. the date on which he discussed the woman's intention with her, and, if the woman has been referred by a physician as referred to in subsection 2 of Section 3, the time referred to in that subsection and the medical capacity in which he offered the woman assistance; the question of whether other experts have been consulted, and if so in which cases, as well as the nature of the expert qualifications of the person consulted; the date of the termination procedure, provided that, in the case referred to in subsection 2 of Section 16,the special reasons are indicated; and the aftercare made available to the woman after the pregnancy termination.

(2) The chief physician of the establishment shall ensure that all physicians employed in the establishment submit the data referred to in subsection 1 to him in full and in good time, in such a manner that the data cannot be trace3d back to individual patients. He shall ensure that the data are retained for at least five years.

(3) Every three months, the chief physician shall submit to the inspector details of the totals derived from the data referred to in the preceding subsections.

(4) Detailed rules shall be l aid down by or under general administrative regulations regarding the times at which and the manner in which the data referred to in the preceding subsections of this Section are to be submitted. The anonymity of the woman treated must be ensured whenever such data are provided.

(5) The data obtained may be used only:

1. for statistical purposes; and
2. in connexion with the supervision of compliance with this Law or the provisions made pursuant to it.

(6) The physician referred to in subsection 1 shall likewise ensure that before the treatment, or as soon as possible after it, the findings which led to the treatment are recorded. He shall be required to retain such records for at least five years and to keep the data contained in them at the disposal of the inspector, provided that they are not traceable to individual patients.

Section 12. The chief physician of the establishment shall ensure that the inspector obtains access upon request to the data referred to in subsection 2 of Section 11 and that such information as he may request and which he reasonably requires in order to fulfil his duties under this Law is made available to him, provided that such information is not traceable to individual patients.

Section 13. (1) General administrative regulations as referred to in subsection 1 of Section 4, subsection 1 of Section 5, items (b) and (c) of subsection 1 of Section 6, and subsection 4 of Section 11 shall be drawn up at the instigation of our Minister.

(2) Such regulations shall enter into force only after three months have elapsed following their promulgation. Our Minister shall inform the States-General of the date of promulgation, due consideration being given to the opinions expressed concerning the draft of the regulations.

Section 14. Any person who, in carrying out the provisions of this Law, obtains access to data whose confidential character is known to him or may reasonably be assumed by him shall be obliged to maintain secrecy concerning them, except insofar as other provisions are applicable on account of the office which he holds.

Section 15. A physician who provides treatment designed to terminate pregnancy in a clinic, other than a clinic which meets the conditions laid down in subsection 2 of Section 6, and who knows or may reasonably assume that the pregnancy is of more than 13 weeks' duration, shall be liable to not more than one year's imprisonment or a fine not exceeding 50,000 guilders.

Section 16. (1) A physician who provides treatment intended to terminate a pregnancy at any time earlier than that stipulated in Section 3 shall be liable to a fine not exceeding 50,000 guilders.

(2) Such an act shall not be punishable where the physician has provided treatment intended to terminate pregnancy at an earlier time in order to avert an imminent danger to the woman's life or health.

(3) A physician who informs the woman as to whether he is prepared to give her the assistance requested of him at any time later than that stipulated in Section 3 shall be liable to the same penalty.

Section 17. A hospital or clinic in which treatment intended to terminate pregnancy is provided in contravention of Section 2 or the order referred to in subsection 1 of Section 10 shall be liable to a fine not exceeding 100,000 guilders.

Section 18. (1) A physician who fails to comply with the provisions of subsections 1 or 6 of Section 11 shall be liable to a fine not exceeding 10,000 guilders.

(2) A chief physician who fails to comply with the provisions of subsections 2 and 3 of Section 11 and Section 12 shall be liable to a fine not exceeding 25,000 guilders.

Section 19. (1) The acts made punishable under Section 15, subsections 1 and 3 of Section 16, and Sections 17 and 18 are offences.

(2) In addition to the officials referred to in Section 141 of the Code of Criminal Procedure, the chief medical inspector and inspectors of the State Public Health Inspectorate and the officials assisting them shall be responsible for detecting the punishable acts referred to in the preceding subsection.

Section 20. (1) No person shall be obliged to provide a woman with treatment intended to terminate pregnancy or to assist in providing such treatment.

(2) Where a physician has a conscientious objection to providing such treatment or arranging for such treatment to be provided, he shall inform the woman of this immediately after she has first consulted him.

(3) The provisions of subsection 1 do not detract from the physician's duty to provide other physicians with information concerning the woman's condition if requested to do so and provided the woman has given her consent.

Division II

The Penal Code shall be amended as follows.

A. A new Section shall be inserted after Section 82, reading as follows:

"82a. The term 'to take the life of another person or of a child at the time of birth or shortly after birth' includes the killing of a fetus which may reasonably be assumed to be capable of remaining alive outside the mother's body."

A new Title shall be inserted after Section 295, reading as follows:

Title XIXA

Termination of Pregnancy

Section 296. Any person who provides a woman with treatment and knows or may reasonably assume that pregnancy may be terminated as a result shall be liable to not more than four years and six months' imprisonment.

Where the act results in the death of the woman, the person shall be liable to not more than six years' imprisonment.

Where the act is committed without the woman's consent, the person shall be liable to not more than 12 years' imprisonment.

Where the act is committed without the woman's consent and also results in her death, the person shall be liable to not more than 15 years' imprisonment.

The act referred to in the first paragraph shall not be punishable if the treatment is provided by a physician in a hospital or clinic in which such treatment may be provided under the Law on the termination of pregnancy.