Minors and the termination of pregnancy in South Africa: legal considerations

Abstract

The Choice on Termination of Pregnancy Act 92 of 1996 gives a pregnant female of any age the right to consent to an abortion without the assistance of a parent or a guardian. Counselling should be offered, but is not mandatory. Despite this liberal abortion law, there are significant obstacles to access, including intentional obstruction by clinic staff. The literature indicates that teenage childbearing is very likely to have negative effects on a woman’s mental health with educational and socio-economic ramifications. Medical practitioners should accept pregnant women’s accounts of the effect of childbearing on their lives. We mention a High Court case on abortion and minors which highlights the constitutional imperative of giving effect to women’s autonomy by supporting their constitutional rights to reproductive choice.