Family Law > Abortion > Consent to an Abortion
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Consent to an Abortion

The termination of pregnancy can only take place once the woman has given her informed consent. No consent other than that of the pregnant woman is necessary for the termination of a pregnancy unless she is so mentally ill that she doesn’t understand what abortion is about or what happens as a result of an abortion, or she is continuously unconscious and therefore cannot give consent.

In the case of a pregnant minor (a person under the age of 18 years) a medical practitioner or a registered midwife must advise the minor to consult with her parents, guardian, family members or friends before the pregnancy is terminated. However, if the minor chooses not to consult them, she is still allowed to have the abortion in terms of the Act.

A woman is entitled to counselling before and after the abortion. The counsellor may not force her, nor tell her whether or not she should have the abortion.

(See: Bill of Rights, section 12)

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