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Can You Get An Abortion In Australia?

Abortion is only legal in 67 countries – is Australia one of them? Find out here.
Fetus in the wombGetty

Just last month, Alabama signed a controversial law that bans abortion after a heartbeat can be detected, which can be in as little as six weeks. This sparked a global conversation about abortion, including one right here in Australia.

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While we don’t have a version of the “heartbeat bill”, Aussie women across the country are still contending with some major challenges if they want an abortion. Let’s take a look at some key facts about abortion – what it is, what kinds of abortions there are, and whether or not you can get an abortion in Australia.

RELATED: Meghan Markle breaks royal protocol with comment on abortion laws

What Is Abortion?

The broad definition of abortion is the “termination of a pregnancy before the fetus/embryo can survive outside the womb.” Under this definition, miscarriages would be counted as “spontaneous” abortions. 

But when most people use the term “abortion”, they mean induced abortion – or ending the pregnancy on purpose. Abortions usually happen in the first or second trimester of the pregnancy, but there are also many cases of late-stage abortion. This usually happens when carrying the baby to term will endanger the life of the mother or the baby itself.

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Types Of Abortion

There are technically dozens of ways to end a pregnancy, but there are only two modern methods that are recognised as safe. In countries or territories where abortion is legal, these two methods are available:

Medical Abortion

Medical abortions are those conducted via a combination of two pills: mifepristone and prostaglandin/misoprostol. When taken together, these pills induce abortions. This is a safe, non-invasive way of terminating a pregnancy in the first trimester, but may also be effective early in the second trimester. For most cases, medical abortions can be done in the comfort of your own home.

Blue & white pills in a container
(Credit: Getty)

Surgical Abortion

Surgical abortions are done in a clinic or hospital by a trained medical professional. The cervix is dilated and a suction device is inserted into the uterus which gently removes the uterine lining and fetus. Surgical procedures can be done in the first, second, or third trimester, but are most common before the 12-week mark.

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Factors That Limit The Availability Of Abortions

Location

The biggest thing that stands in the way of getting an abortion is where you live. Abortion is legal in most countries to save the mother’s life, but only 67 countries allow abortion based on request.

But even if you live in a place where abortion is legal, that doesn’t necessarily mean you’ll have an easy time getting abortion services. Some cities may not have adequate, accessible facilities nearby even if it is technically legal.

Gestation Limits

In places where abortion is legal, gestation limits (or up to which point an abortion can be legally performed) may hinder some women from getting the services they need. Most commonly, medical professionals will perform abortions up to 12 weeks of gestation. 

But, as in the case of Alabama, some states or territories might limit that even more – to the point that many women miss the “deadline” and end up forced to carry to term.

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Fetus in the womb
(Credit: Getty)

Cost

In most cases, abortion and post-abortion care are not covered by insurance. This means that women who do want one may need to shell out hundreds or even thousands of dollars, especially in the case of surgical abortions or abortions in the 2nd or 3rd trimester. Pill abortions (like those done via RU-486, an abortifacient) are thankfully much more affordable, but those are not always available.

Important Statistics About Abortions In Australia

It’s difficult to get accurate statistics about how many abortions are performed nationally and under what circumstances. In fact, only South Australia regularly collects and publishes their data. 

Here’s what we know, based on the information we get from South Australia and across the country:

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  • According to one study, abortions in South Australia dropped down to 13.5 for every 1000 women in 2015.
  • An investigation by ABC projects that the annual rate of abortions in Australia is around 65,000 – a huge decrease from the previously-believed figure of 80,000 annual abortions.
  • In 2010, a study found that a majority of Australians supported abortions under all circumstances in the first trimester. That number drops from 61% to 12% in the second trimester.

Abortion Laws In Australia

The big question remains: Is abortion legal in Australia? 

The short answer is that there is no federal law that expressly forbids or guarantees the availability of abortions. States and territories are able to decide for themselves whether or not abortions are legal, and if so, under what conditions.

A book on abortion law on a judge's table
(Credit: Getty)

ACT Laws

Status: Legal

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Gestational limit: None

Abortions are legal in the Australian Capital Territory, regardless of the reason. There are no gestational limits, as courts have decided that the right to life begins at birth. To protect the women getting abortions, it is also illegal to protest within 50m from an abortion clinic.

NSW Laws

Status: Legal only to preserve the health and well-being of the mother

Gestational limit: 24 weeks

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A doctor must decide if there are social, medical, or economic reasons that the woman cannot continue with the pregnancy; otherwise, abortion is illegal. You also cannot protest for 150m from an abortion clinic.

Victoria Laws

Status: Legal, with conditions

Gestational limit: 24 weeks

It is required that two doctors approve the abortion, based on the woman’s physical and mental well-being as well as other social and economic factors. You also cannot protest for 150m from an abortion clinic.

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Western Australia Laws

Status: Legal, with conditions

Gestational limit: 20 weeks

Two doctors must approve the abortion based on the physical, social, or economic consequences of continuing the pregnancy. You cannot get abortions after 20 weeks unless two doctors verify that the fetus has severe medical problems. If you are under 16 years of age, you must notify a parent to get an abortion.

Northern Territory Laws

Status: Legal

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Gestational limit: 24 weeks

As of 2017, you can get an abortion in the Northern Territory upon request up until 24 weeks. After 14 weeks, two doctors must approve the procedure. After 24 weeks, abortions can only be performed if the woman’s life is in danger.

South Australia Laws

Status: Legal, with conditions

Gestational limit: 28 weeks

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Two physicians must approve the abortion on the basis of the woman’s physical or mental well-being or the child’s health. The procedure has to be done in a hospital, and the patient must be a South Australian resident for at least two months (unless it is an emergency).

Queensland Laws

Status: Legal

Gestational limit: 28 weeks

Just two years ago, Queensland parliament decreed that abortions are legal upon request in the first 22 weeks. Between the 22nd and 28th week, two doctors must agree to the procedure unless the woman’s life is at risk.

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Tasmania Laws

Status: Legal

Gestational limit: 16 weeks

You can get an abortion in Tasmania, no matter what the reason, up until 16 weeks of gestation. After that, you need to obtain the approval of two doctors. It is also illegal to protest within 150m of an abortion clinic.

Conclusion

Even if abortion is mostly legal in Australia, it’s still a taboo topic. There are also many factors other than legality that stand in the way of women getting the abortions they need. But with the global push for better, safer, and more accessible abortion services – and maybe Australia will follow suit.

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