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Chapter Law Content

Title: Genetic Health Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter III  Induced Abortion and ligation
Article 9
Induced abortion may be conducted for a pregnant woman, subject to her own accord, if she has been diagnosed or proven to meet any one of the following:
1. She or her spouse acquires genetic, infectious or psychiatric disease detrimental to reproductive health.
2. Anyone within the fourth degree of kin relative of herself or her spouse acquires a genetic disease detrimental to reproductive health.
3. By medical consideration, pregnancy or delivery is may cause life threatening risk or detrimental to her physical and mental health.
4. By medical consideration, risk of teratogenesis may present for the fetus.
5.Pregnancy as a result of being raped, lured into sex intercourse or in sex intercourse with a man prohibited to lawfully marry her.
6. Pregnancy or childbirth is likely to affect her mental health or family life.
Induced abortion to an unmarried minor or an woman under guardianship or assistance according to the preceding provisions shall be subject to her statutory agent’s or assistant’s consent. Induced abortion to an married woman according to paragraph 6 above shall be subject to her husband’s consent unless her husband is missing , unconscious or deranged.
For judgement of induced abortion requirements set forth in Section 1, the central level competent authorities, when necessary, may have the Genetic Advisory Committee research and review to establish standard and have them publicly announced.
Article 10
A married man or woman may, on his/her own accord and subject to his/her spouse’s consent, receive ligation, provided that ligation may be imposed straight on his/her own accord if anyone of the following conditions founded through diagnosis or certification:
1. She/he or her/his spouse acquires genetic, infectious or psychiatric disease detrimental to reproductive health.
2. Anyone within the fourth degree of kin relative of herself/himself or her/his spouse acquires a genetic disease detrimental to reproductive health.
3. Her or His wife’s pregnancy or delivery is endangering the mother’s health.
An unmarried man and woman meeting any one under provision above may receive sterilization straight on his/her accord; an unmarried minor or a person under guardianship or assistance shall be subject to consent from his/her statutory agent or assistant before receiving.
The requirement for spouse’s consent as set forth in paragraph 1 above may be dispensed with if his/her spouse is missing, where about unknown, becomes unconscious or deranded.
For judgement of sterilization requirements set forth in section 1, the central level competent authorities, when necessary, may have the Genetic Advisory Committee research and review to establish standards and have them publicly announced.
Article 11
When a doctor finds out a genetic, infectious or psychiatric disease detrimental to reproductive health, The patient or his/her statutory agent shall be truly informed and advise him/her to receive medical treatment, provided when the disease is incurable and thus sterilization is considered necessary, she/he shall be advised to receive ligation.
When a doctor finds an abnormal fetus during prenatal examination, she or her sprouse shall be truly informed and advised to receive induced abortion if induced abortion is considered necessary.