ALRANZ - Abortion Laws: why we need a change

Home

What is ALRANZ?

History of ALRANZ

Membership

Links

A Brief History of Abortion Laws in New Zealand

Abortion Laws: Why we need a change

The Politics of Abortion

Having an Abortion in New Zealand

New Zealand Services

Illegal Abortions in New Zealand - a History Project

International Perspective - abortion in other countries

Bibliography - further reading

ABORTION LAWS:

WHY WE NEED A CHANGE

WHAT ARE THE PRESENT LAWS?

The grounds for abortions are in the Crimes Act 1961 and amendments:

Serious danger to the life or to the physical or mental health of the mother.

Risk that the child would be severely handicapped, physically or mentally.

Pregnancy as a result of incest or unlawful sex with a guardian.

Severe mental subnormality of the mother.

Factors which can be taken into account but which are not grounds in themselves are:

Extremes of age.

Sexual violation (previously “rape”).

After 20 weeks gestation the grounds are more strict:

To save the life of the mother.

To prevent serious permanent injury to the physical or mental health of the mother.

ALRANZ BELIEVES THAT ABORTION IS A HEALTH MATTER, NOT A CRIME, AND THE GROUNDS FOR ABORTION IN THE CRIMES ACT SHOULD BE REPEALED.

THE PROCEDURES:

The procedures are in the Contraception, Sterilisation and Abortion Act (CS&A Act) 1977 and amendments and they are administered by the Ministry of Justice, not Health. The Abortion Supervisory Committee (ASC) oversees this Act and reports directly to Parliament.

The ASC maintains a list of about 200 “certifying consultants”, doctors who must approve all requests for abortion and provide the legal certificates. Currently they are paid $135 for each consultation.

All abortions must be carried out in premises licensed by the ASC. Counselling services must be available but are not mandatory. (Some clinics require counselling as part of routine assessment.)

The woman first sees her own doctor who assesses her case and makes the appropriate referral to an operating surgeon and two certifying consultants, one of whom must have obstetric or gynaecological expertise. Some doctors will not make referrals and women may have to “shop around”.

If one of the certifying consultants does not agree that the woman has legal grounds for abortion, she must be referred to a third certifying consultant for another opinion. That opinion is meant to be final.

ALRANZ BELIEVES THAT BECAUSE THESE PROCEDURES DO NOT CONFORM TO BEST MEDICAL PRACTICE THEY ARE NOT RESPECTED AND ARE NOT STRICTLY ADHERED TO.

DID YOU KNOW THAT..?

Fetal abnormality is not a ground for a late abortion, despite a strong recommendation from the ASC that it should be.

Socio-economic circumstances cannot be taken into account although inability to provide adequate care is a common reason for deciding not to continue a pregnancy.

Contraceptive failure is not a ground for abortion, even for the woman who has taken all precautions to prevent an unplanned pregnancy.

A girl under 16 years is allowed to make the decision whether or not to continue her pregnancy. ALRANZ supports this and also supports involvement of parents. The paramount concern must be what is in the best interests of the girl.

Most abortions in NZ are carried out on the grounds of mental health. ALRANZ believes that most women are mentally healthy and quite capable of making a decision about abortion. Counselling should be available to assist women.

The abortion rate in NZ is less than in Australia and the USA but more than in many other low fertility countries. ALRANZ SUPPORTS MEASURES TO REDUCE UNPLANNED PREGNANCIES

WHAT IS WRONG WITH THESE LAWS?

They are expensive. In 2007 the fees to certifying consultants alone amounted to over $5 million. This money could be better spent on preventing unplanned pregnancies.
They are unrealistic. They ignore the importance of socio-economic factors in making a decision. It is hypocritical that most are carried out on the grounds of mental health.
They are punitive, punishing women for contraceptive “mistakes”. To err is human. Enforced pregnancy is not in the long term interests of society. Women want to give their children the best start in life.
The procedures are unnecessarily complicated and erect barriers to good health care. Vulnerable women are disadvantaged.
The laws result in inequitable services. In part they are responsible for the geographical variation in abortion services throughout NZ.
Because they do not conform to best medical practice the laws are not respected and are not strictly adhered to.
They are outdated. For example, there have been advances in early medical abortions but the laws are written primarily for surgical abortions.
They are disempowering for women. ALRANZ firmly believes that a woman should decide whether or not to continue her pregnancy, not parliamentarians with a conscience vote and not state-funded doctors.
They are undemocratic. In a democracy there should be tolerance for different beliefs and anti-abortionists should not be allowed to impose their views on others.
They are ineffective. If one of the intentions was to reduce abortions, they have failed.

ALRANZ BELIEVES:

That abortion services need to be complemented by a comprehensive programme of education plus freely available contraceptive services. Since no method of contraception is 100% reliable, abortion will always be necessary as a backup.

That unsafe, self-induced and backstreet abortions must never be allowed to return. Restrictive laws mean poor women suffer and rich women go elsewhere.

That health professionals who conscientiously object to abortion should not be required to participate in the procedure. High ethical and medical standards must be maintained when abortions are carried out. Women should not be made to feel guilty. ABORTION IS NOT A CRIME.

The above information is also contained in an article written by Dr Margaret Sparrow and published in the national newsletter of February 2004. Click here.

LEGISLATION:

THE GROUNDS FOR ABORTION ARE IN THE CRIMES ACT

www.rangi.knowledge-basket.co.nz/gpacts

Crimes Act 1961, Part 8, Crimes Against the Person

s.182 Killing unborn child

s.182A Miscarriage defined

s.183 Procuring abortion by any means

s. 186 Supplying means of procuring abortion

s. 187 Effectiveness of means used immaterial

s. 187A Meaning of "unlawfully"

THE PROCEDURES FOR ABORTION ARE IN THE CS&A ACT

www.rangi.knowledge-basket.co.nz/gpacts

Contraception, Sterilisation, and Abortion Act 1977-1991

Incorporates Amendments passed in 1978 and 1990

CHILDREN UNDER 16 YEARS

www.rangi.knowledge-basket.co.nz/gpacts

s.38 Consent to Abortion in Care of Children Act 2004

DUTY OF MEDICAL PRACTITIONERS IN RESPECT OF FAMILY PLANNING

www.rangi.knowledge-basket.co.nz/gpacts

s.11 Duty of medical practitioners in respect of family planning

This section was not incorporated into the Heatlh Practitioners Competence Assurance Act 2003. There is no longer a statutory duty to refer.



	Home What is ALRANZ? History of ALRANZ Membership Links A Brief History of Abortion Laws in New Zealand Abortion Laws: Why we need a change The Politics of Abortion Having an Abortion in New Zealand New Zealand Services Illegal Abortions in New Zealand - a History Project International Perspective - abortion in other countries Bibliography - further reading				ABORTION LAWS: WHY WE NEED A CHANGE WHAT ARE THE PRESENT LAWS? The grounds for abortions are in the Crimes Act 1961 and amendments: Serious danger to the life or to the physical or mental health of the mother. Risk that the child would be severely handicapped, physically or mentally. Pregnancy as a result of incest or unlawful sex with a guardian. Severe mental subnormality of the mother. Factors which can be taken into account but which are not grounds in themselves are: Extremes of age. Sexual violation (previously “rape”). After 20 weeks gestation the grounds are more strict: To save the life of the mother. To prevent serious permanent injury to the physical or mental health of the mother. ALRANZ BELIEVES THAT ABORTION IS A HEALTH MATTER, NOT A CRIME, AND THE GROUNDS FOR ABORTION IN THE CRIMES ACT SHOULD BE REPEALED. THE PROCEDURES: The procedures are in the Contraception, Sterilisation and Abortion Act (CS&A Act) 1977 and amendments and they are administered by the Ministry of Justice, not Health. The Abortion Supervisory Committee (ASC) oversees this Act and reports directly to Parliament. The ASC maintains a list of about 200 “certifying consultants”, doctors who must approve all requests for abortion and provide the legal certificates. Currently they are paid $135 for each consultation. All abortions must be carried out in premises licensed by the ASC. Counselling services must be available but are not mandatory. (Some clinics require counselling as part of routine assessment.) The woman first sees her own doctor who assesses her case and makes the appropriate referral to an operating surgeon and two certifying consultants, one of whom must have obstetric or gynaecological expertise. Some doctors will not make referrals and women may have to “shop around”. If one of the certifying consultants does not agree that the woman has legal grounds for abortion, she must be referred to a third certifying consultant for another opinion. That opinion is meant to be final. ALRANZ BELIEVES THAT BECAUSE THESE PROCEDURES DO NOT CONFORM TO BEST MEDICAL PRACTICE THEY ARE NOT RESPECTED AND ARE NOT STRICTLY ADHERED TO. DID YOU KNOW THAT..? Fetal abnormality is not a ground for a late abortion, despite a strong recommendation from the ASC that it should be. Socio-economic circumstances cannot be taken into account although inability to provide adequate care is a common reason for deciding not to continue a pregnancy. Contraceptive failure is not a ground for abortion, even for the woman who has taken all precautions to prevent an unplanned pregnancy. A girl under 16 years is allowed to make the decision whether or not to continue her pregnancy. ALRANZ supports this and also supports involvement of parents. The paramount concern must be what is in the best interests of the girl. Most abortions in NZ are carried out on the grounds of mental health. ALRANZ believes that most women are mentally healthy and quite capable of making a decision about abortion. Counselling should be available to assist women. The abortion rate in NZ is less than in Australia and the USA but more than in many other low fertility countries. ALRANZ SUPPORTS MEASURES TO REDUCE UNPLANNED PREGNANCIES WHAT IS WRONG WITH THESE LAWS? They are expensive. In 2007 the fees to certifying consultants alone amounted to over $5 million. This money could be better spent on preventing unplanned pregnancies. They are unrealistic. They ignore the importance of socio-economic factors in making a decision. It is hypocritical that most are carried out on the grounds of mental health. They are punitive, punishing women for contraceptive “mistakes”. To err is human. Enforced pregnancy is not in the long term interests of society. Women want to give their children the best start in life. The procedures are unnecessarily complicated and erect barriers to good health care. Vulnerable women are disadvantaged. The laws result in inequitable services. In part they are responsible for the geographical variation in abortion services throughout NZ. Because they do not conform to best medical practice the laws are not respected and are not strictly adhered to. They are outdated. For example, there have been advances in early medical abortions but the laws are written primarily for surgical abortions. They are disempowering for women. ALRANZ firmly believes that a woman should decide whether or not to continue her pregnancy, not parliamentarians with a conscience vote and not state-funded doctors. They are undemocratic. In a democracy there should be tolerance for different beliefs and anti-abortionists should not be allowed to impose their views on others. They are ineffective. If one of the intentions was to reduce abortions, they have failed. ALRANZ BELIEVES: That abortion services need to be complemented by a comprehensive programme of education plus freely available contraceptive services. Since no method of contraception is 100% reliable, abortion will always be necessary as a backup. That unsafe, self-induced and backstreet abortions must never be allowed to return. Restrictive laws mean poor women suffer and rich women go elsewhere. That health professionals who conscientiously object to abortion should not be required to participate in the procedure. High ethical and medical standards must be maintained when abortions are carried out. Women should not be made to feel guilty. ABORTION IS NOT A CRIME. The above information is also contained in an article written by Dr Margaret Sparrow and published in the national newsletter of February 2004. Click here. LEGISLATION: THE GROUNDS FOR ABORTION ARE IN THE CRIMES ACT www.rangi.knowledge-basket.co.nz/gpacts Crimes Act 1961, Part 8, Crimes Against the Person s.182 Killing unborn child s.182A Miscarriage defined s.183 Procuring abortion by any means s. 186 Supplying means of procuring abortion s. 187 Effectiveness of means used immaterial s. 187A Meaning of "unlawfully" THE PROCEDURES FOR ABORTION ARE IN THE CS&A ACT www.rangi.knowledge-basket.co.nz/gpacts Contraception, Sterilisation, and Abortion Act 1977-1991 Incorporates Amendments passed in 1978 and 1990 CHILDREN UNDER 16 YEARS www.rangi.knowledge-basket.co.nz/gpacts s.38 Consent to Abortion in Care of Children Act 2004 DUTY OF MEDICAL PRACTITIONERS IN RESPECT OF FAMILY PLANNING www.rangi.knowledge-basket.co.nz/gpacts s.11 Duty of medical practitioners in respect of family planning This section was not incorporated into the Heatlh Practitioners Competence Assurance Act 2003. There is no longer a statutory duty to refer.