The Abortion ClinicsRohini, Delhi

The MTP Act explained: limits, consent and confidentiality

India's abortion law is more permissive than many people assume. Here is what the Medical Termination of Pregnancy Act, as amended in 2021, actually says, in plain words.

General information only. This is a summary for understanding, not legal advice. The law and its interpretation can change, so confirm specifics with a registered doctor or a lawyer.

Who it covers

The Act applies to any woman, married or unmarried. A 2021 amendment replaced references to a married woman with "woman" and extended contraceptive failure as a ground to the woman or her partner.

Gestation limits and who must agree

  • Up to 20 weeks: opinion of one registered medical practitioner.
  • 20 to 24 weeks: opinion of two practitioners, for categories set out in the Rules, such as survivors of sexual assault or rape, minors, and women with disabilities or whose marital status has changed.
  • Above 24 weeks: only where a Medical Board finds substantial fetal abnormalities. Termination to save the woman's life is allowed at any time.

Grounds

A practitioner may advise termination where continuing the pregnancy would involve a risk to the woman's life or grave injury to her physical or mental health, where there is a substantial risk of serious fetal abnormality, or where pregnancy results from rape. Failure of a contraceptive method is treated as causing grave injury to mental health.

The woman's own consent is required, and no one else's if she is an adult. For a minor or a woman with a mental illness, consent of the guardian is needed.

Confidentiality

The Act restricts revealing the name and other particulars of a woman who has had a termination, except to those authorised by law. Ask any clinic how it protects records.

Where and by whom

Termination must be performed by a registered medical practitioner with prescribed training, in a government hospital or an approved facility. Reading about provider choice? See abortion in Delhi and second-trimester MTP. For the shorter summary, see MTP and the law.

General information. This page is educational and does not replace advice from a doctor who has examined you. Read our medical disclaimer.

Talk it through, privately

Have a question about the mtp act explained? Call or message the clinic to ask it, or to arrange a consultation. You do not need to share medical details to get in touch.

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