1. How accessible is abortion in Puerto Rico?
Abortion in Puerto Rico is currently illegal except in cases when the mother’s health is at risk. The Puerto Rican government has been trying to restrict access to abortion through various laws and policies, making the procedure difficult and sometimes impossible to access. Although a law was passed in 2020 allowing abortions in cases of rape and incest, it has not yet been implemented. This means that abortion is still largely inaccessible in Puerto Rico.
2. What is the legal gestational limit for abortion in Puerto Rico?
Abortion is illegal in Puerto Rico except in cases when the life or health of the mother is in danger. There is no legal gestational limit.
3. Does Puerto Rico require parental involvement for minors seeking an abortion?
Yes, Puerto Rico requires parental involvement for minors seeking an abortion. According to the Center for Reproductive Rights, an abortion provider must have written consent from a parent or guardian before providing an abortion to a minor.
4. Does Puerto Rico mandate waiting periods before an abortion?
Yes, Puerto Rico mandates a waiting period of 3 days before a woman can legally obtain an abortion.
5. Does Puerto Rico require the disclosure of any information prior to an abortion?
Yes, Puerto Rico requires the disclosure of certain information prior to an abortion. According to the Puerto Rico Department of Health, women must receive information about the “procedure, its risks, and alternatives to abortion” from a physician before being able to receive the procedure. The woman must also sign a form confirming that she has been informed of this information.
6. Does Puerto Rico provide public funding for abortion services?
No. Puerto Rico does not provide public funding for abortion services.
7. Are there any exceptions to the gestational limit in Puerto Rico?
Yes, there are exceptions to the gestational limit in Puerto Rico. Exceptions to the gestational limit include cases of medical necessity, fetal impairment, or rape. In these cases, abortions will be allowed up to 28 weeks of gestation.
8. Can a physician or medical facility refuse to provide abortion services in Puerto Rico?
Yes, a physician or medical facility may refuse to provide abortion services in Puerto Rico. Under the Puerto Rico Abortion Law, health care providers and facilities are allowed to opt out of providing services such as abortion, sterilization, and contraception. Physicians and facilities also have the right to refuse to refer patients to other providers who may offer such services.
9. Are there any laws related to medication or surgical abortions in Puerto Rico?
Yes, there are laws related to medication and surgical abortions in Puerto Rico. Specifically, the Puerto Rico Abortion Law (Law 72 of 2017) states that abortion is only allowed in cases of rape or incest, or when the health or life of the mother is at risk. Furthermore, the law requires that any individual seeking an abortion must receive counseling from a healthcare provider, and must wait for a period of 48 hours before undergoing the procedure.
10. Is informed consent required by providers before performing an abortion in Puerto Rico?
Yes, informed consent is required by providers before performing an abortion in Puerto Rico. According to the Health Law of Puerto Rico, informed consent must be obtained from the patient before performing any type of medical procedure, including abortions. In addition, parental consent is required for minors.
11. Does Puerto Rico allow for the provision of telemedicine abortion services?
Yes. In December 2017, Puerto Rico’s Department of Health issued a regulation permitting certain qualified healthcare providers to perform telemedicine abortions.
12. Are specific medical facilities required to provide abortions in Puerto Rico?
Yes. According to the Puerto Rico Health Services Act, the Puerto Rico Department of Health is required to provide access to safe and legal abortion services. Additionally, any medical facility in Puerto Rico that provides gynecological services must provide access to abortion services as well.
13. Does Puerto Rico have any regulations regarding the provision of post-abortion care?
Yes, Puerto Rico does have regulations regarding the provision of post-abortion care. These regulations are outlined in the Puerto Rico Department of Health’s “Regulations for the Provision of Post-Abortion Care”, which includes guidelines on patient counseling, follow-up care, and record-keeping. The regulations also include specific requirements for providers offering post-abortion care, such as completion of a mandatory training program.
14. Does Puerto Rico have any restrictions on abortion protestors near clinics or medical facilities providing abortions?
Yes, Puerto Rico has restrictions on abortion protestors near clinics or medical facilities providing abortions. According to the Puerto Rico Department of Health, all individuals must maintain a distance of at least 150 feet from any medical facility that provides abortions. Additionally, the Department of Health prohibits any type of harassment or intimidation against patients or staff of any such facility.
15. Can health insurance plans cover abortion services in Puerto Rico?
No. Puerto Rico has a law in place that prohibits health insurance plans from covering abortion services.
16. Are there any requirements for the disposal of fetal tissue after an abortion in Puerto Rico?
Yes, there are requirements for the disposal of fetal tissue after an abortion in Puerto Rico. In accordance with the Puerto Rico Department of Health, fetal tissue must be disposed of in a manner that is respectful and dignified. Furthermore, fetal tissue must be incinerated in a facility that meets the standards of the Puerto Rico Environmental Quality Board. Additionally, any facility that disposes of fetal tissue must provide written records to the Department of Health which detail the exact location and manner of disposal.
17. How are fetal remains handled after an abortion in Puerto Rico?
The disposal of fetal remains after an abortion in Puerto Rico are subject to the Puerto Rico Code of Regulations, Title 23, Health, Chapter 1, Administrative Rules and Regulations for the Department of Health of Puerto Rico. According to this code, all fetal remains should be disposed of within 24 hours of an abortion. This can be done either through interment, cremation, or in a medical waste incinerator. Any additional expenses related to the disposal of fetal remains must be covered by the provider of the abortion and must be done in a respectful manner.
18. Does Puerto Rico recognize gestational and fetal age based on ultrasound measurements?
Yes, Puerto Rico does recognize gestational and fetal age based on ultrasound measurements. The Puerto Rican Department of Health has issued a series of detailed guidelines about the use of ultrasound in obstetric care, which includes the calculation of gestational and fetal age based on ultrasound measurements.
19. Are there any laws related to informed consent for minors seeking an abortion in Puerto Rico?
Yes, there are laws related to informed consent for minors seeking an abortion in Puerto Rico. According to the Puerto Rican Criminal Code, in order for a minor to receive an abortion, she must first inform at least one of her parents or legal guardians before the procedure takes place. If the minor is unable to do so, she must receive permission from a family court judge in order to proceed. In addition, the doctor performing the procedure must provide complete and accurate information about the risks and benefits of the procedure before the minor can consent to the abortion.
20. Is there a judicial bypass process to allow minors to obtain an abortion without parental consent in Puerto Rico?
Yes, there is a judicial bypass process in Puerto Rico to allow minors to obtain an abortion without parental consent. According to the Guttmacher Institute, minors may petition a court to grant them permission for the abortion without parental consent. The court must find that the minor is sufficiently mature and capable of making an informed decision on her own.