Abortion Access in Puerto Rico

1. What are the state-level laws governing abortion access in Puerto Rico?


In Puerto Rico, abortion access is governed by the state’s Penal Code, specifically Articles 121-122 and 126-129. Article 121 states that abortion is only allowed in cases where the mother’s life is in danger or if the pregnancy is the result of rape. Article 122 requires that any abortion must be performed by a qualified medical professional. Article 126-129 details the requirements for obtaining an abortion, including parental consent for minors and mandatory counseling. Abortion is also prohibited after 20 weeks of pregnancy, with exceptions only being made for medical emergencies.

2. When did the state of Puerto Rico legalize abortion?


The state of Puerto Rico legalized abortion in July 2020.

3. How does the state of Puerto Rico regulate abortion procedures?


Abortion in Puerto Rico is a controversial issue, as it is in many other places around the world. Abortion is illegal in Puerto Rico except when the life or health of the mother is at risk. If the pregnancy is a result of rape or incest, then a special procedure must be followed. Under this special procedure, the woman must first notify the police or judicial authorities, and then receive approval from a committee of three physicians. The physicians must determine if the abortion poses a risk to the mother’s life or health and if so, approve the abortion. In cases where the life and health of the mother are not at risk, an abortion is not permitted.

4. What are the legal requirements for obtaining an abortion in Puerto Rico?


Currently, it is legal for a woman to obtain an abortion in Puerto Rico under certain circumstances.

In general, women can seek an abortion up to 10 weeks after their last menstrual period, as long as they have obtained prior authorization from two physicians. In cases of a medical emergency, such as when the woman’s life or health is at risk, a woman can seek an abortion without the prior authorization of two physicians.

Additionally, federal law requires Medicaid and other public funds to cover medically necessary abortions for low-income women in Puerto Rico.

5. Does the state of Puerto Rico offer comprehensive reproductive health services?


Yes, the state of Puerto Rico does offer comprehensive reproductive health services. These include family planning services, prenatal and postnatal services, abortion services, STD/STI education and prevention services, counseling and referral services, and other related services.

6. Does Puerto Rico have any restrictions on late-term abortions?


Yes, Puerto Rico has restrictions on late-term abortions. Abortions in Puerto Rico are illegal after the 24th week of pregnancy, except when the woman’s life is in danger or the fetus is not viable.

7. What is the parental consent law for minors seeking an abortion in Puerto Rico?


In Puerto Rico, minors are not required to obtain parental consent for an abortion, according to Article 3 of the Puerto Rico Penal Code. However, minors (under 18) must receive counseling from a health care provider prior to the procedure. The minor must declare under oath that they understand the risks and consequences of the procedure and their decision to undergo it.

8. Does Puerto Rico fund abortion services through Medicaid?


No, Puerto Rico does not fund abortion services through Medicaid. The Puerto Rico government has prohibited the use of Medicaid funds for abortion services, except in cases when the mother’s life is at risk.

9. Does Puerto Rico require that women receive counseling prior to obtaining an abortion?


No, Puerto Rico does not require that women receive counseling prior to obtaining an abortion.

10. Does Puerto Rico impose waiting periods before a woman can obtain an abortion?


Yes, Puerto Rico imposes a waiting period of 24 hours after receiving counseling before a woman can obtain an abortion.

11. Are there any restrictions on telemedicine abortion services in Puerto Rico?


Yes, there are restrictions on telemedicine abortion services in Puerto Rico. Abortion is illegal in Puerto Rico, except in cases where the life of the mother is in danger. Telemedicine abortions are also illegal in the territory, meaning that women are not able to access abortion services via telemedicine.

12. Is insurance coverage for abortion services available in Puerto Rico?


No. Abortion services are not covered by health insurance in Puerto Rico. The Puerto Rican government has a long history of restricting access to abortion, and it remains illegal except in cases where the woman’s life is in danger.

13. Does the state of Puerto Rico require providers to offer medically accurate information about abortion services?


Yes, the state of Puerto Rico requires providers to offer medically accurate information about abortion services. According to the Puerto Rico Department of Health, providers must comply with the regulations related to abortion services, which include providing accurate and complete information about the procedure and its risks.

14. Are there any laws regarding the disposal of fetal remains in Puerto Rico?


Yes, the Puerto Rico Law of Funeral Management and Burial of Fetal Remains (Law 281-2017) states that when a fetus is aborted or stillborn, the remains must be buried or cremated in a respectful manner. The law also addresses the procedures for burying or cremating the fetal remains, the fees associated with such services, and other related services.

15. Are there any restrictions on the use of public funds for abortion services in Puerto Rico?


Yes, public funds for abortion services are restricted in Puerto Rico. The Puerto Rico government prohibits the use of public funds for abortions except in cases of rape, incest, or endangerment of the mother’s life.

16. Is there a ban on abortion based on sex selection in Puerto Rico?


No. Abortion based on sex selection is not banned in Puerto Rico.

17. Does Puerto Rico allow pharmacists to refuse to fill prescriptions for contraception or abortion medication?


No. According to the American Civil Liberties Union, Puerto Rico’s law does not allow pharmacists to refuse to fill prescriptions for contraception or abortion medication.

18. Does the state of Puerto Rico require parental notification if a minor seeks an abortion?


Yes, the state of Puerto Rico requires parental notification if a minor seeks an abortion. In the state of Puerto Rico, minors are required to obtain written consent from a parent or legal guardian before they can receive an abortion.

19. Is there an informed consent requirement for women seeking an abortion in Puerto Rico?


Yes, informed consent is required for women seeking an abortion in Puerto Rico. Women must receive information about the risks and benefits of the procedure and sign a written consent form before undergoing the procedure. Additionally, two physicians must certify that the woman has received this information and has given her informed consent.

20. What are the requirements for a safe and legal abortion in Puerto Rico?


In Puerto Rico, abortion is only legal in cases where the woman’s life or health is at risk. All abortions must be performed by a licensed physician in a hospital setting. In order to obtain a legal abortion, women must obtain a signed approval from three separate doctors. Medical records and hospital reports are also required. Additionally, all abortions must be reported to the Puerto Rican Department of Health.