One day, the medical officer of the consultant unit called me, saying that there is a married woman who is a married woman in the obstetrics department and she wants to be abortion, but her husband does not agree and refuses to sign it.Intersection
In the process of serving as a legal adviser to medical institutions, there are still the following questions from medical institutions to consult with similar questions:
Unmarried adult women want to be a flow of people. With no boyfriend accompanied, how can I sign to make abortion for patients?
The 15 -year -old female junior high school student was pregnant. A 20 -year -old boyfriend accompanied him to ask for the flow of people?How to sign?
The teacher took a 13 -year -old student to the hospital outpatient clinic. The doctor found that the female student was pregnant. What should I do?Can the teacher help the student after signing?
To answer these questions, we need to clarify the following three questions.
First, can women unilaterally decide to terminate pregnancy?
First of all, according to the author, there are many medical institutions that stipulate that the abortion surgery needs to contact the patient’s husband, family or boyfriend to fulfill the obligation and obtain consent in order to terminate the pregnancy for pregnant women.Article 19 stipulates that medical staff should explain to patients during the diagnosis and treatment activities.Those who need to implement surgery, special examination, and special treatment, medical staff shall promptly explain the medical risks, alternative medical plans, etc. to the patients, and obtain their clear consent;And obtained its clear consent.That is, under normal circumstances, the medical institution will inform the pregnant woman himself that the patient can sign and agree to sign the signature consent of his husband, family or boyfriend.
Secondly, Article 51 of the Women’s Rights Protection Law stipulates that women have the right to fertility children in accordance with relevant national regulations, and they also have the freedom of fertility.That is to say, when the husband and wife fail to reach an agreement due to conflict between fertility issues, they should give priority to respect for women’s wishes. If the husband does not agree and women choose to terminate the pregnancy, this behavior does not constitute the infringement of male fertility rights, and the implementation of medical institutions to terminate the terminationThe behavior of pregnancy surgery is the respect of women’s willingness, and does not infringe the man’s fertility.
In summary, women do not need her husband’s consent to unilaterally decide to terminate pregnancy.
Second, should the age of pregnant women be considered to determine whether the patient himself signed and agreed if you can terminate your pregnancy?
First of all, Article 18 of the Civil Code stipulates that adults can independently implement civil legal acts in order to fully capable people.Minors over the age of sixteen, who are the main source of life with their own labor income, are deemed to be full of civil ability.
Secondly, Article 19 of the Civil Code stipulates that minors over eight years old to restrict the ability of civil behavior to implement civil legal acts or their legal agent agents or their legal agent consent and recognize them; however, they can be implemented independently.Purely beneficial civil legal acts or civil legal acts that are compatible with their age and intelligence.Article 20 of the Civil Code stipulates that minors under the age of eight are those who have no capacity for civil behavior and shall implement civil legal behavior by their legal agents.Article 23 The guardians who stipulate that people who have no ability of civil behavior and restrict civil behavior are their legal agents; Article 27 The parents are the guardians of their parents.
In summary, it is necessary to decide whether they can sign a person’s signature decision to decide to terminate pregnancy based on the different decisions of pregnant women.
Third, if the patient is less than 14 years old, does it need to report to the police?
According to Article 236 of the Criminal Law, young girls who are less than 14 years old will be punished by rape theory.That is, if the patient is pregnant at the age of 14, someone will inevitably be suspected of rape. If the medical institution is abortion for the patient, the evidence may be lost, which will cause the specific suspects and criminal facts.
Article 33 of the "Physician Law" stipulates that if a patient is found to be suspected of harm or abnormal death in the practice activities, doctors shall report to the medical and health institutions or relevant departments and institutions in accordance with relevant regulations.
The "Opinions on Establishing a Case of Cases of Cases (Trial)" clearly states that hospitals, maternal and child health hospitals, first aid centers, clinics and other medical institutions and medical personnel found that women under the age of 14 were suffered or in their work.When it is suspected of being sexually assaulted, pregnancy, or abortion, he should report or report to the public security organs immediately.At the same time, it is also clear that if the responsibilities of the report are not fulfilled and causing serious consequences, the competent administrative organs or the unit shall give corresponding punishments to the directors or other directly responsible persons in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.If the relevant units or units are competent to prevent the staff from reporting, they shall be punished with heavy penalties.
Clarifying the above three problems. For the four issues from the beginning of this article, we can make different treatment according to the age of pregnant women.
First, married women must be abortion. Pregnant women can sign the abortion by themselves without having to obtain her husband’s consent.
Second, unmarried adult women must be abortion, and pregnant women can sign the abortion by themselves without obtaining their family or boyfriend’s consent.
Third, unmarried minor women must be abortion. Generally, their legal guardians, that is, their parents, can only flow, unless the pregnant woman is 16 years old and uses her labor income as the main source of life.
In the daily diagnosis and treatment process, we have a few issues to pay attention to:
I. Medical institutions should be fulfilled to preliminary examination obligations for patients and their families.For example, if you check your ID card, hukou book, and marriage certificate, confirm whether the person who accompanies the doctor and the person who may sign whether it is his parents or husband;The original is consistent. "
2. In the case of the patient’s husband or boyfriend’s consent, let his husband or boyfriend sign it together; if the patient’s husband or boyfriend disagree, you should pay special attention to fully fulfill the informal obligation, report the medical department if necessary, and report the medical department if necessaryWith the assistance of the medical department, the recording and video work of fulfilling the obligation to fulfill the notification obligations.
Third, patients who are 16 years old and have their labor income as the main source of life, pay attention to retain the corresponding evidence and sign on the copy and confirm that "the copy is consistent with the original."The corresponding evidence includes but not limited to the bank’s flow, work certificate, and income certificate of bank flowing water, work certificates issued by labor contracts, social security payment records, and salary.
4. If the patient is at the age of 14, considering that the suspected rape case is considered, the medical staff should immediately notify the medical institution’s medical department or the total administrative value of the medical institution.Both parents of the patient must also be notified to fulfill their obligations to fully inform them, and obtain the written consent of both parents and then abortion for patients.