Towards a Safe and Accessible Termination: Thailand Extends Abortion for Up to 20 Weeks

Angelica Wahono

South East Asia and Pacific Researcher

Global Human Rights Defence

Thailand has officially extended its abortion access. From Thursday (27.10.2022), people who are no more than 20 weeks into their pregnancy will be able to access the procedure in 110 hospitals and clinics across the country, with prior consultation from medical professionals. Dr. Boonyarit Sookrat, director of the Bureau of Reproductive Health at the Department of Health, expressed that the new edict is in line with the constitutional principle that an individual has rights and liberties over their life and body.

The new Ministry of Public Health edict on consultations and examinations for pregnant women, which was published in the Royal Gazette just last month on September 26th, overruled a previous amendment to Section 305(5) of Thailand’s Criminal Code which only allowed termination of pregnancy for up to 12 weeks. This is a win for pro-choice advocates within the country as this previous amendment still kept criminal penalties for any person who are over 12 weeks pregnant and did not meet the criteria set by the country’s Medical Council who carried out the procedure. Additionally, any person or clinic found to provide abortions after the 12-week limit would face fines and imprisonment. With the passing of this new edict, medical personnels will no longer be subjected to these penalties.

However, while this move is celebrated as a step in the right direction, some advocates remain wary on how the edict will be carried out, particularly due to the attitudes surrounding abortion within the country. There are reports of hospitals being reluctant to provide medical consultations pertaining to the procedure. Dr. Ekachai Piensriwatchara, deputy director-general of the Department of Public Health, has also admitted that some state officials refuse to work in this area because of the stigma around abortion. 

The problem seemed to be deep rooted, as Dr. Sookrat had also shared ​​that there are still women who do not want their pregnancy because they are not ready, but are afraid of committing a sin if they perform an abortion. Indeed, Theravada Buddhism, whose followers make up almost 90 percent of the population, believe abortion to be a sin that violates the first Buddhist precept that prohibits the killing of any living thing. As a result, the new edict has caused some uproar from Buddhist as well as Christian groups in the country.

This change is much needed however, as according to the Guttmacher institute, there were more than 1.3 million pregnancies in Thailand annually between the year 2015-2019, of which 679,000 were unintended and 437,000 ended in abortion. Unfortunately, most of those abortions are done in private-sector facilities or unmarked abortion clinics, or even self-administered, possibly due to shame or lack of access to medical consultations. Sudarat Boonprasert, an abortion rights activists shared that when she had an abortion five years ago she could not find any channel through which she could seek consultation about her pregnancy. Anu Kumar, president and CEO of Ipas, an organization that advocates for safe- abortions, hopes that the expansion to 20 weeks will allow for “more time to gather information, support, money, and care needed.” 

Sources and further reading:

Safe-Abortion is  a Must. (2022, 4 October). Bangkok Post. https://www.bangkokpost.com/opinion/opinion/2406480/safe-abortion-is-a-must

Legal Abortions to be Available at 110 Locations in Thailand from Oct 27th. (2022, 24 October). Thai PBS World. https://www.thaipbsworld.com/legal-abortions-to-be-available-at-110-locations-in-thailand-from-oct-27th/

Abortions Up to 20 Weeks Will be Legal from Thursday. (2022, 25 October). The Thaiger. https://thethaiger.com/news/health-news-2/abortions-up-to-20-weeks-will-be-legal-from-thursday

Thailand’s New Abortion Law Faces Both Buddhist and Christian Opposition. (2022, 26 October). Christianity Today. https://www.christianitytoday.com/news/2022/october/thailand-abortion-buddhists-christians-oppose-20-week-law.html.

Abortion legal in Thailand Up to 20th Week of Pregnancy from October 26th. (2022, 27 September). Thai PBS World. https://www.thaipbsworld.com/abortion-legal-in-thailand-up-to-20th-week-of-pregnancy-from-october-26th/

Thailand's New Abortion Access Law Is Part of a Bigger Trend. (2022, 27 October). Time. https://time.com/6225758/thailand-abortion-access/