Abortion: Legal Aspect

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Abortion: Legal Aspect

Abortion Laws代写 It is essential to mention that the question on whether abortion is legal or not depends on state law rather than the national law.

It is essential to mention that the question on whether abortion is legal or not depends on state law rather than the national law. Law on abortion differ from one state and territory to the other (De Costa, Douglas, Hamblin, Ramsay & Shircore, 2015). There are various grounds on which abortion may be allowed from one state to the other. For instance, in New South Wales and Queensland, it is a criminal offense to have an abortion unless under clear circumstances prescribed by an authorized medical doctor.Abortion Laws代写**成品

However, the majority of Australians are willing to support a law that allows women to have an abortion legally and as long as it is safe (De Costa, Douglas & Black, 2013). However, there is massive opposition from human rights groups such as Right to Life Australia. Nonetheless, according to the Australia Institute of Health and Welfare (2005), there are about 80,000 cases of abortion in Australia each year.

Abortion Laws by States Abortion Laws代写

Queensland

Under the Criminal Code Act 1899, abortion is illegal. If found guilty of abortion, the accomplices are sentenced for up to 7 years and 14 years jail term for the woman and operator respectively. In this case, in 2016, 12-year-old got pregnant and had to seek help in Queensland Supreme Court for permission to have an abortion. This raised an issue of emerging trend in teenage sexual activities, sex violence, and more which have resulted to unwanted pregnancies among the young people (Powell, 2010). However, a woman can have an abortion legally if ascertained by a qualified doctor that his physical and mental health is in danger.Abortion Laws代写**成品

New South Wales Abortion Laws代写

In the state of NSW, abortion has been a criminal offense since 1900. Hence, it is in the criminal code. Therefore, procuring an abortion is unlawful and punishable by a jail term of not less than ten years. However, abortion is granted to isolated cases where the health of the mother both physical and mental is at risk. More to this, a precedent set in 1971 qualifies social and economic factors as consideration for having an abortion. According to De Costa, Douglas & Black, (2013) most of the medical practitioners support abortion as the modern way of life.Abortion Laws代写**成品

Victoria Abortion Laws代写

According to the Abortion Law Reform Act (2008), a woman can have an abortion in her first 24 weeks of pregnancy but not later unless coupled with the approval of two medical doctors. The various considerations available are whether the fetus poses a current or future threat to the mother’s physical and psychological health.

Abortion Laws代写
Abortion Laws代写

Tasmania

A woman can have an abortion in the first 16 weeks of pregnancy but not later unless supported by the approval of two medical doctors. Tasmania’s Criminal Code prohibited illegal abortion from 1925 to 2001. However, since 2013, abortion can be carried out within 16 weeks after pregnancy but not later unless the stated conditions exist. In 2018 the only abortion center was closed forcing the government to look for alternative medical facility (Burgess & Glumac, 2018).Abortion Laws代写**成品

South Australia Abortion Laws代写

In South Australia, a woman is allowed to have an abortion in the first 28 weeks of pregnancy but not later unless ascertained by two medical doctors that the mother’s health is at risk or there is a high likelihood of the child being born with severe abnormalities. This has been highlighted in the work of De Costa, Douglas, Hamblin, Ramsay & Shircore, (2015).

Western Australia

Abortion is legal in the first 20 weeks since 1998. However, before the procedure is conducted on any pregnant woman, there are conditions to be met such as taking counseling sessions. When a woman is under 16 years, the acknowledgment of one parent is required (De Costa, Douglas, Hamblin, Ramsay & Shircore, (2015).Abortion Laws代写**成品

For abortions to be accessed later after 20 weeks, there must be approval from two legal and qualified doctors. The circumstance for termination of pregnancy depends on the severity of threats posed to the mother, or the fetus has a serious medical condition which warrants an abortion.

Australian Capital Territory Abortion Laws代写

In ACT, abortion is legal, and women have access to approved medical facilities. The reference of abortion as illegal was repealed by Crimes (Abolition of Offence of Abortion) Act 2002.

Northern Territory

In this region, abortion is allowed up to 23 weeks of pregnancy.  The termination must be carried out by an approved medical doctor. However, this has faced a lot of opposition from the clerics especially Catholics church (Berer, 2013). The Pregnancy Law Reform Act outlines the conditions for termination of pregnancy after 23 weeks, which include severe threats to the health of the mother.Abortion Laws代写**成品

Abortion Laws代写
Abortion Laws代写

References Abortion Laws代写

Australia Institute of Health and Welfare. (2005). Use of routinely collected national data sets for reporting on induced abortion in Australia. Sydney: AIHW National Perinatal Statistics Unit.

Berer, M. (2013). Termination of pregnancy as emergency obstetric care: the interpretation of Catholic health policy and the consequences for pregnant women. Reproductive Health Matters, 21(41), 9-17. doi: 10.1016/s0968-8080(13)41711-1

Burgess, G., & Glumac, T. (2018). Tasmania’s only abortion clinic closes, leaving women to go interstate. Retrieved from http://www.abc.net.au/news/2018-01-13/tasmanias-only-abortion-clinic-closes/9325194

De Costa, C., Douglas, H., Hamblin, J., Ramsay, P., & Shircore, M. (2015). Abortion law across Australia – A review of nine jurisdictions. Australian And New Zealand Journal of Obstetrics And Gynaecology, 55(2), 105-111. doi: 10.1111/ajo.12298

De Costa, C., Douglas, H., & Black, K. (2013). Making it legal: Abortion providers’ knowledge and use of abortion law in New South Wales and Queensland. Australian And New Zealand Journal of Obstetrics And Gynecology, 53(2), 184-189. doi: 10.1111/ajo.12035

Powell, A. (2010). Configuring Consent: Emerging Technologies, Unauthorized Sexual Images and Sexual Assault. Australian & New Zealand Journal of Criminology, 43(1), 76-90. doi: 10.1375/acri.43.1.76.

The Parliament of Victoria. (2008). Abortion Law Reform Act 2008 (pp. 1-11). Victoria.

 

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