The Medical Termination of Pregnancy (MTP) Act, 1971 offers legal abortion services with safety protocols for all women including foreigners. Under Medical Termination of Pregnancy (MTP) Act, 1971 women have legal rights to avail safe abortion of unwanted pregnancy.

These detailed guidelines explain all aspects of laws and procedures related to Medical Termination of unwanted pregnancy along with practical information for women from India and abroad who plan to avail services under MTP Act, 1971 in India.

In this article we have used MTP as it aims is to enlighten potential/prospective service seekers from the legal perspective. However, the word abortion, or medical abortion is used in common parlance to refer to medical termination of pregnancy. Therefore, the word ‘abortion’ in this article specifically means medical termination of pregnancy (MTP).

1. Legal Framework: Understanding the MTP Act, 1971

Under the MTP Act ‘abortion’ of unwanted pregnancy is possible under particular conditions along with defined gestational boundaries. The 2021 amendments to the Act allow abortions during the following periods:

A woman can obtain an abortion up to 20 weeks by getting an opinion from one Registered Medical Practitioner (RMP) if the pregnancy endangers her health or life or if she has experienced contraceptive failure (for married women).
The law permits two RMPs to endorse abortions between 20–24 weeks, only under special circumstances including rape victims and minors and women with disabilities and cases with foetal malformations.
In cases of gestation period beyond 24 weeks where severe foetal anomalies are noticed, exclusive approval of the Medical Board formed by the statutory authority of the concerned State Health and Family Welfare department is necessary.

Key Legal Points:

Married and unmarried women do not need spousal permission to get an MTP under the 2021 Amendment of MTP Act, 1971.
Minors who are younger than 18 years require authorization from their guardians to get an MTP done.
The PCPNDT Act, 1994 prohibits abortions based on sex determination.

MTP for Foreign Nationals:

Foreign nationals have the right to undergo Medical Termination of Pregnancy (MTP) procedures in India with following conditions:-

She should have entered India legally with valid passport and her passport should have at least 6 months validity on the date of undergoing MTP;
She should have informed of her purpose of visit to India to the concerned FRRO and obtained necessary Residential Permit/Stay Visa which should be valid on the date of performance of MTP;
She should generally have a valid Medical Visa on the date of performance of MTP; however, since MTP is a procedure requiring short duration, it can also be performed while she is on any other visa but has foetal malfunctions.

For Foreign Women:

The practice of medical tourism for abortions is authorized as long as clinics hold licence to conduct MTP procedure.
Bring your passport & Visa.
Bring your medical documents along with doctor recommendations, if available.
The cost of MTP procedure ranges between Rs. 35,000 to 60,000 in authorised private clinics depending on the gestational period (1^st Trimester/2^nd Trimester).

2. Where to Get an MTP in India?

Do get your abortion or pregnancy termination only at approved Facilities
MTPs must be performed at:

Government hospitals (often free or low-cost)
Private clinics/NGOs registered under the MTP Act along with some approved medical colleges and hospitals.

How to Verify a Clinic’s Legitimacy?

Request to see their MTP registration certificate.
Verify clinic authenticity by visiting state health department websites like [Karnataka Health Dept. FAQs]
(https://ekalyani.karnataka.gov.in/FAQ.aspx).

3. Procedure & Safety Considerations

Methods Used

The medical abortion through pills is authorized for pregnancies up to 7–9 weeks with doctor supervision. The abortion procedures include vacuum aspiration for early pregnancy stages and D&E for later pregnancy stages.

Pre-Abortion Requirements

Consent form (signed by the major woman).
A medical examination which could include an ultrasound test.
Counselling sessions.

Post-Abortion Care

The Hospital will conduct follow-up appointments to monitor any potential complications.
The Hospital should offer contraceptive options to stop future accidental pregnancies.
Mental health support is accessible at major hospitals.

4. Rights & Confidentiality

The law protects individual privacy because disclosure happens only with proper authorisation.
The legal system does not require police notification except when the victim is a minor who has been raped. All patients have the right to receive safe and respectful medical care.

5. Challenges & Considerations

The shortage of information about MTP in rural areas drives women to use dangerous abortion methods. The stigma surrounding abortion services hinders women from obtaining timely medical assistance. Some states maintain different standards of facility implementation because they provide varying levels of care.

Conclusion: Key Takeaways

India allows MTP procedures for both its domestic women and international women while maintaining patient confidentiality and accessibility. The 2021 amendment has increased access to abortion services particularly for rape survivors and other vulnerable groups.

Verify clinic registration status with qualified doctors before receiving care.
https://mohfw.gov.in/?q=acts-rules-and-standards-health-sector/acts/mtp-act-1971
https://ekalyani.karnataka.gov.in/FAQ.aspx
https://pmc.ncbi.nlm.nih.gov/articles/PMC10470576/
We at Revive Hospitals perform MTP (abortion) services for patients within the legal guidelines at our hospital facility in Indiranagar which meets all the facility requirements mandated by the Govt of India and Govt of Karnataka. We work in accordance with the WHO protocols.