I kindly ask for any advice. What should I do to prevent my ex-fiancée from terminating the pregnancy. I am currently in Ireland (for 3 months) and this is the first time in my life I am dealing with such a situation. I'm not sure what I should do to prevent my ex-partner, who is between two and three weeks of pregnancy, terminate the pregnancy?
In this situation, you should immediately talk to your partner about the criminal consequences of termination of pregnancy. Bearing in mind Art. 4a on family planning, protection of the human fetus and the conditions for the admissibility of termination of pregnancy, termination of pregnancy may only be performed by a doctor, in the event that: 1) pregnancy poses a threat to the life or he alth of a pregnant woman, 2) prenatal tests or other medical conditions indicate high probability of severe and irreversible impairment of the fetus or an incurable disease that threatens its life, 3) there is a justified suspicion that the pregnancy was a result of a prohibited act; in cases of high probability of severe and irreversible impairment of the fetus or an incurable life-threatening disease.
Termination of pregnancy in one of these situations is acceptable until the fetus is able to live independently outside the pregnant woman's body, if no more than 12 weeks have elapsed from the beginning of pregnancy. In cases where the termination of pregnancy is performed by a hospital doctor, the termination of the pregnancy requires a written consent of the woman. In the case of a completely incapacitated woman, a written consent of that person is also required, unless the consent is not permitted by her mental he alth. If the legal representative does not consent, the consent of the guardianship court is required for termination of pregnancy. It is worth mentioning, however, that whoever, with the consent of the woman, terminates her pregnancy in violation of the provisions of the Act, is subject to imprisonment for up to 3 years. In the jurisprudence of the Supreme Court it is assumed that the existence of the provisions of Art. 152 of the Penal Code, Art. 153 of the Penal Code and Art. 157a of the Penal Code excludes all doubts as to the fact that human life and he alth from the moment of conception until death are goods protected by criminal law.
Legal basis: Act on family planning, protection of the human fetus and conditions for the admissibility of termination of pregnancy of January 71993 (Journal of Laws No. 17, item 78)
Remember that our expert's answer is informative and will not replace a visit to the doctor.
Przemysław GogojewiczIndependent legal expert specializing in medical matters.
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