Abortion in Iran - Recent Developments

Recent Developments

As a global trend, in recent years it has become more common for members of relatively developed nations to bring up the question of selective abortion, as science about genetics and techniques for predicting and improving neonatal health has become both more advanced and more common. Iran has been no different; in fact, it is one of the few governments in the Middle East and North Africa that actively supports programs in sexual and reproductive health for its young people. While abortion remains technically illegal in most cases, and in all cases once the pregnancy passes the ensoulment time of 16 weeks, the government has expanded upon its earlier caveat concerning maternal health.

In 2005, the Legal Medicine Organization of Iran created a list of 29 fetal problems and 32 maternal issues in pregnancy that indicated that abortion might possibly be legal—only if, however, it was determined that the life of the mother and the fetus were both endangered if the pregnancy went through, and that the mother could be saved by an abortion. Ayatollah Ali Khameini issued a fatwa to this effect, allowing abortion in the first trimester for these special cases. The Therapeutic Abortion Act of 2005, passed by the Iranian parliament, stated that if the reason for an abortion was not one of the 61 listed disorders or abnormalities, the cases could be referred to the physician and then the organization, which would decide on an appropriate course of action. The ambiguity of the guidelines for acceptance and the unpredictability of health during pregnancy, however, has not created much definition in the gray area that is Iranian abortion policy. In fact, the Guardian Council rejected the Therapeutic Abortion Act after its passage in 2005, adding to the confusion.

Today, most abortions happen "in unsafe and hazardous circumstances" because the penalties for receiving or giving an abortion can still be quite strict. Common reasons for getting an abortion range from fertility concerns (i.e. already having many children), possible or existing health complications, and socioeconomic impediments to pregnancy, such as not being able to support another child. In a nation whose economy depends almost solely on oil, with 50% of revenue coming from those earnings, the distribution of wealth can be strained, and for many families it is not feasible to have many children despite the government's use of oil money to fund statewide welfare systems. With abortion counting for 5% of maternal deaths by some estimates, it is evident that illegal and unsupervised practice of the procedure does occur, and furthermore that it can be quite dangerous to the mother; and with 34% of surveyed pregnant Iranian women in one study reporting their pregnancies as "unintended," it has been noted that the danger has not disappeared in the shift from firm illegality and condemnation of abortion in Iran to its place in a current legal limbo.

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