Informally Translated

ABORTION LAW (Informally translated) Chapter 1 General provision

Article 1.

The law has as its goals and objectives the determination the formality and the criteria for abortion.

Article 2.

Abortion is the termination of pregnancy by medical means or by any me3ns.

Article 3.

All pregnant women can ask for an abortion from a medical person after having completed the criteria described in chapter 8 of this law.

Article 4.

In any case, abortion must be requested and accepted b} the pregnant woman.

Article 5.

Only medical doctors or medical assistants or midwives who have been authorized by the ministry of health can perform abortion.

Chapter 2 Formality and Criteria

Article 6.

Abortion can be performed only in hospitals, health centers, clinics, public or private maternities that have been authorized by the ministry of health. All services that have been adopted by the ministry of health as an abortion place must have: -technical capability for urgent management of every complication due to abortion. -means for hospital referral whenever necessary.

Article 7.

Medical doctors or medical assistants or secondary midwives who have the duty to perform an abortion must provide counseling to the pregnant woman about possible dangers that may occur eventually following the abortion and about the importance of Birth Spacing services. If the pregnant worul2n still keeps requesting to have an abortion, doctors or medical assistants or secondary midwives can perform abortion but must follow criteria described in chapter S of the law.

Article 8. Abortion can be done only for less than 12-week pregnancy. For more than 12week pregnancy abortion is allowed only if the diagnosis shows that: -the pregnancy is abnormal, growing unusually or creates a risk to the woman's life. -after birth the child can have a serious incurable decease. -in the case that the woman has been raped, the abortion can be done taking no account the above criteria but must be requested by the woman if she is more than 18 years of age or continuously requested by her parents or her tutors if she is under 18 years of age.

Article 9.

All records related to the abortion must be kept confidentially and be available to be given to the woman or to the court if there is a written request.

Article 10.

Abortion service adopted by the ministry of health, as described in chapter 6, must prepare neat documents for each abortion and must write monthly report to the ministry of health regularly stating the number of abortions and the method used for each abortion.

Chapter 3 Control

Article 11.

The control of abortion following this law is the responsibility of the ministry of health.

Chapter 4 Sanction

Article 12.

Any person who acts against the article 5 or 6 of this law shall be punished as the following: -if the person is a medical doctor or a medical assistant or a secondary midwife, he/she shall be warned. In the event of another offence, he/she shall be removed from his/her profession or get the clinic or the maternity closed down aside from the following offences. -if the person is not a medical doctor or a medical assistant or a secondary midwife, he/she shall be imprisoned from 1 month to 1 year. -if the abortion causes illness or disability to the pregnant woman, the person shall be imprisoned from 5 years to 10 years.

Article 13.

A medical doctor or a medical assistant or a secondary midwife who have been authorized to perform abortion but does not follow any one of the criteria described in article 8 of the law shall get the authorization from the ministry of health confiscated aside from the offences described in article 12 of this law. Only in serious pregnancy that the woman has to be cared, medical methods are protected by the law.

Article 14. Any person who forces a pregnant woman to have an abortion or provokes abortion voluntarily shall be imprisoned from 1 years to 5 years. If the forcing or voluntarily provoking of abortion to the pregnant woman is resulting to her chronic illness or disability or death, the person shall be imprisoned from 5 years to 10 years.

Article 15.

Any person who acts against article 9 of this law shall be punished as the following: -if he/she is a government official, he/she shall be sanctioned according to the articles 40 and 41 of the law on co-criteria for civil servant officials. -if he/she is not a government official, he/her private clinic or maternity shall be closed down from 1 month to 3 months or he/she shall be fined from five millions Riels (5000000 Riels) to ten millions Riels (10000000 Riels).

Chapter 5 Final provision

Article 16. Any norms which provide against this law shall be null and void.

Phnom Penh, 12 November 1997