Legal Problems with Abortion Case Study of Conditions for Abortion.

Abstract

This research consists purposes were 1. to study concepts, theories and principles related to abortion 2. to study law related to abortion in Thailand Federal Republic of Germany, England and Japan 3. to study and analyze about the conditions of gestational age in abortion and the need for counseling before abortion Husband's involvement in pre-abortion counseling In the case of a married woman and limiting the number of abortions and 4. To suggest ways to improve the laws related to abortion. is a qualitative research. The study was conducted by collecting information from relevant documents such as from journal articles, Research reports, theses, legal texts, newspapers and online electronic media, etc., The information gathered from interview forms and related documents were then content analysis. The results showed that 1) concepts, theories and principles relating to abortion comprise of a theory of natural law, theory of structure of obligations and rights of the parties relating to abortion 2) the law currently governing abortion is the Penal Code, Section 301 – Section 305, and study of foreign laws shows that all cases of abortion in the Federal Republic of Germany, England and Japan require justifiable reasons, and the abortion must be performed by a practitioner in a medical establishment. The Federal Republic of Germany allows abortion until the gestational age is 12 weeks. Before abortion, the pregnant woman must receive consultancy and wait for a period of 3 days. England requires opinions of 2 physicians mutually agreeing on a justifiable reason for abortion. In Japan, abortion requires consent from the husband 3) the study shows that Thai law allows the mother to get abortion on her own, whereas abortion during the gestational age of not exceeding 12 weeks does not require consultancy and does not allow the husband to participate in the activity, as well as there is no limit of a number of abortion and 4) recommendations are that the Penal Code, Section 301 and Section 305 should be amended for safety, and conditions of the gestational age, participation in a consultancy session prior to abortion and a limit of a number of abortion should be prescribed to protect the right to life of the fetus, and make the law governing abortion more consistent with and suitable for Thai society.