Family › Abortion and pregnancy rights
Hospital demands my husband’s consent for an abortion
What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).
Make my own list — free, 2 minutesYour situation
- What is the problem? They demand my husband’s or family’s consent
- Are you 18 or older? Yes
Where you stand
- In your favour As an adult, only your consent is needed — not your husband’s or family’s.
- In your favour Your identity must be kept confidential by the doctor and hospital.
- In your favour Unmarried women have the same rights under the MTP Act as married women.
Do these now
- List of government hospitals near you that provide MTP services
Government hospitals provide abortion care free or at low cost. Where: District hospital; 104 or your state health helpline.
Papers to gather
- Ultrasound report showing the weeks of pregnancy
The time limits depend on it. Where: Your doctor or a government hospital. - Your ID with date of birth
An adult needs no one else’s consent. Where: Your documents. - Name of the doctor or hospital that refused, the date, and what reason was given
Needed for a complaint or a High Court petition. Where: Write it down the same day.
You may also need, depending on your answers
- FIR or complaint copy (if the pregnancy is from rape) — Helps show the 20–24 week category; the police must not delay medical care.
- Medical Board report (for over 24 weeks) — Required beyond 24 weeks.
What the law says
Under the Medical Termination of Pregnancy Act, 1971 (as amended in 2021), a pregnancy can be ended by a registered medical practitioner up to 20 weeks on one doctor’s opinion, and from 20 to 24 weeks on two doctors’ opinion for categories listed in the rules — including survivors of rape or incest, minors, a change in marital status, women with disabilities, and foetal malformation. Beyond 24 weeks it is allowed for substantial foetal abnormalities diagnosed by a Medical Board, and women can approach the High Court in other cases. The Supreme Court held in 2022 that unmarried women have the same rights as married women under the Act. Only the woman’s consent is required; a guardian’s consent is needed only if she is under 18 or mentally ill. Her identity must be kept confidential (s.5A). For a minor, doctors must report under POCSO, but the Supreme Court has said the girl’s name need not be disclosed in that report. Sex determination and sex selection are crimes under the PCPNDT Act, 1994.
General information, not legal advice.
Saboot will also ask
- How many weeks pregnant?
Similar situations
- Doctor refused an abortion because I am unmarried
- Pregnant after rape — need an abortion urgently
- Pregnancy is past 24 weeks and the baby has a serious problem
- In-laws are forcing me to abort because it is a girl
- A clinic offered to tell the baby’s sex
Sources
- Medical Termination of Pregnancy Act, 1971 (as amended in 2021) — sections 3 and 5A
- Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
The full guide: Abortion refused or delayed, consent demanded from husband or family, or illegal sex determination · All situations