Consent to Performance of Abortion Procedure

The law does not allow any medical practitioner to perform an abortion on an adult patient who is unable to make reasonable judgments in respect of an abortion proposed to be performed on them. Prescribed parties can apply to the State Administrative Tribunal (the Tribunal) for consent to the performance of an abortion in those circumstances.

If an adult person is unable to make reasonable judgments in respect of whether of not an abortion should be performed on them, the SAT upon hearing an application may, by way of an order, in writing, consent to the performance of the abortion on that person. A patient who is unable to make reasonable judgments in respect of the performance of an abortion on them cannot give consent to that procedure. A person with a proper interest can apply to the SAT to give consent to the performance of an abortion. Even if the person on whom the abortion is to be performed has a guardian, the guardian cannot consent to the performance of the abortion. The SAT’s consent is required.

In making a decision about whether to consent to an abortion procedure, the Tribunal must be satisfied that the person has reached 18 years of age, is unable to make reasonable judgments in respect of whether or not the abortion should be performed on them, has not made an advance health directive containing a treatment decision that is inconsistent with the performance of the abortion and the performance of the abortion is in the best interests of the person. In deciding whether the performance of an abortion is in the best interests of the person, the Tribunal must take into account whether the person is likely to regain the ability to make reasonable judgments in respect of whether or not the abortion should be performed on them and also any wishes of the person so far as they can be ascertained.