Decriminalization of abortion in three circumstances: Frequently asked questions about Chile’s new bill

When can a pregnancy be terminated?

A woman will only be able to terminate a pregnancy in one of the following situations:

• When the pregnancy puts the mother’s life at risk
• When the pregnancy is the result of rape
• When the embryo or fetus is unviable due to a congenital or genetic defect

Why these three circumstances?

These are the three most extreme exceptional circumstances a pregnant woman may face. In these difficult cases, the State will support women by allowing them access to an abortion instead of punishing them for choosing to terminate their pregnancy.

“The State, as guarantor of people’s rights and the common good, is obliged to create the conditions in which this decision can be taken, in favor of the unfurling of human life in its broadest sense” – President Michelle Bachelet

A woman must be able to access the necessary medical treatments to protect her life without fear of reprisals of any type. Similarly, attending physicians must be legally protected in order to act quickly and protect the woman’s life.

This circumstance takes into account the fact that the woman’s pregnancy has been caused by a violation against her person. Denying her the possibility of deciding whether or not to continue with the pregnancy is a further violation of her freedom.

A woman who is told by her physician that her baby will not survive must be given the option of an abortion instead of having to endure this harsh reality for the duration of the pregnancy.

Will abortion be compulsory in these cases?

No, the decision to terminate the pregnancy will be entirely voluntary. When legislating, the State aims to give women in these extreme circumstances a choice. A woman may choose to terminate or continue with the pregnancy. Before choosing, she will be given comprehensive and impartial information to enable her to make an informed decision.

Will physicians be obliged to perform terminations?

No, surgeons who conscientiously object to terminating a pregnancy in any of the three circumstances will be exempted. They will be required to personally give prior written notification of their objection.

What is an unviable fetus?

A pregnancy can be terminated if the attending physician indicates that the embryo or fetus is suffering from a congenital or genetic defect that is incompatible with life outside the womb. In other words, the fetus cannot survive after birth.

Is abortion available in any other circumstances?

No, this bill has clear restrictions. With the exception of these three circumstances, abortion will continue to be a crime punishable by law.