Contraception, Sterilisation, and Abortion Act 1977, s 2

An abortion (also called a “termination”) is a procedure to terminate (end) a pregnancy in which the embryo or foetus was, up to that point, still alive. An abortion can be medical (using drugs) or surgical.

The following are not considered abortion:

• induction – a procedure to start labour where the foetus is alive and believed to be viable
• procedures to remove a dead foetus (for example, following a miscarriage)
• contraception (this includes emergency contraception, for example “the morning-after pill”)

A medical termination brings on a miscarriage similar to a natural miscarriage. A surgical termination is when the pregnancy ends by an operation. The availability of the the different types of procedure, the processes involved, and their invasiveness vary depending on how advanced the pregnancy is. Later term abortions, of both medical and surgical types, may involve “foeticide”, a procedure in which the foetus is killed in the womb before it is removed.

Contraception, Sterilisation, and Abortion Act 1977, ss 10–11

If you’re 20 weeks pregnant or less, you can get an abortion by going to a health practitioner.

A “health practitioner” is a registered health professional, for example, your GP, a midwife, a Family Planning clinic, or a hospital abortion service, such as the Te Mahoe Unit at Wellington Hospital.

If you’re more than 20 weeks pregnant, you can get an abortion if a health practitioner has a reasonable belief that abortion is a clinically appropriate procedure for you in your situation. Except in a medical emergency, the health practitioner, in considering the appropriateness of the procedure, must consult with at least one other health practitioner and must also take into account:

• all the relevant legal, professional and ethical standards that apply to them, and
• your physical and mental health and overall well-being, and
• how many weeks pregnant you are.

If you’re unsure about whether and how this law applies to you, you should talk to your doctor or to Sexual Wellbeing Aotearoa (go to: sexualwellbeing.org.nz).

Abortion providers are located in many places throughout New Zealand. A list can be found at www.decide.org.nz.

No. The woman who is pregnant can decide. The father of an unborn child can’t force a woman to either terminate or continue with a pregnancy. Even if the father disagrees with the woman’s decision to continue with the pregnancy, he still has legal responsibilities to the child when it is born – for example, a responsibility for child support (see: “Child support”).

You can contact a health practitioner like your GP, midwife, a Family Planning clinic or a hospital abortion services unit to find what services are available. In some regions you may have to travel to a nearby area to access the service. You don’t need to go to a doctor first and get a referral from them to go, but you will still usually need to contact Sexual Wellbeing Aotearoa or your GP to arrange blood tests and an ultrasound scan.

Contraception, Sterilisation, and Abortion Act 1977, s 12

No. Before March 2020 it was a legal requirement that counselling services had to be available to all women considering an abortion. Now your health practitioner must tell you that counselling services are available, but they can’t say you have to go to counselling or else they won’t provide the abortion.

Contraception, Sterilisation, and Abortion Act 1977, s 14

The law allows for a health practitioner to refuse to provide you with an abortion or with information or advisory services about terminating your pregnancy on the grounds of a “conscientious objection” to providing abortion services. A “conscientious objection” means someone is opposed to something on moral or religious grounds.

If you have requested a health practitioner provide you (or assist in providing you) with abortion services and they have a conscientious object to providing these service, the health practitioner must:

• inform you of this at the earliest opportunity, and
• give you the contact details of the closest provider of abortion services.

Abortions are free for people who are eligible for public health care. In general, you are eligible for public health care if you’re a New Zealand citizen, a residence visa holder, a long-term work visa holder, or an Australian citizen or permanent resident.

No. You can decide to have an abortion at any age. If you are able to make an informed decision, meaning you understand the nature and consequences of an abortion, health professionals must respect your privacy and not tell your parents. However, it is likely that your medical professionals will strongly encourage you to have a support person over 18 years old.

No. It’s your decision. You are legally allowed to refuse to have an abortion, no matter your age. No one has the right to force you to have an abortion or to stop you from having one.