Mother's Body Protection Act


Published: 2013

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´╗┐Mother's Body Protection Act (Tentative translation)

Chapter I General Rules

(Purpose of This Act)

Article 1 This Act is to protect the life and health of maternity, thereby providing for the matters concerning sterilization and induced abortion, etc.

(Definition)

Article 2 (1) The term "sterilization" as used in this Act means a surgery for disabling breeding without removing gonad provided for in Ordinance of the Ministry of Health, Labour and Welfare.

(2) The term " induced abortion " in this Act means artificially discharging an unborn child and its belongings out of a mother's body in a period at a time when the unborn child can't survive outside the mother's body.

Chapter II Sterilization

Article 3 (1) A doctor may perform sterilization on a person who falls under each in item of the following when a principal agrees to a doctor and has one's spouse (including a person whose situations are like a marital status although who is not legally married. The same is hereinafter) after agreeing to his or her spouse. However, this shall not be applied to an infant.

(i) A person whose pregnancy or delivery may probably endanger the life of a mother's body.

(ii) A person who currently has several children, and the health of the mother's body may be probably lowered significantly every delivery.

(2) As listed in each item in the preceding paragraph, the doctor may perform sterilization even on the spouse pursuant to the provisions of the same paragraph.

(3) The agreement in paragraph (1) is only the agreement of the principal is enough when the spouse is unknown or the spouse can't express her will.

Article 4 Deleted.

Article 5 Deleted.

Article 6 Deleted.

Article 7 Deleted.

Article 8 Deleted.

Article 9 Deleted.

Article 10 Deleted.

Article 11 Deleted.

Article 12 Deleted

Article 13 Deleted.

Chapter III Maternity Protection

(Induced Abortion by Approval of Doctor)

Article 14 (1) A doctor designated by a medical association that is a public interest incorporated association established with areas of the prefectures as units (hereinafter referred to as the "designated doctor") may perform induced abortion on a person who falls under any of each item of the following after getting the agreements of the principal and her spouse.

(i) A continuation of pregnancy or a delivery may significantly damage the health of a mother's body due to a bodily or economic reasons.

(ii) A woman who is raped by physical assaulting or threatening or in a period while she can neither resist nor refuse and becomes pregnant.

(2) As for the agreement in the preceding paragraph, only the agreement of the principal is enough when the spouse has disappeared or the spouse can't express its will or the spouse has disappeared after her pregnancy.

(Practical Guidance of Birth Control)

Article 15 (1) Only a doctor and a person designated by the governor may perform a practical guidance of birth control upon women using a device for contraception designated by the Minister of Health, Labour, and Welfare as a business. However, only a doctor may insert a device for contraception into the uterine cavity of a woman as the business.

(2) Persons who may be designated by the governor in the preceding paragraph shall be only midwife, public health nurse, and nurse having completed the seminar approved by the governor in accordance with the standards provided for by the Minister of Health, Labour, and Welfare.

(3) The necessary matters concerning the designation or approval by the governor shall be provided for in Cabinet Order in addition to what are provided for in the preceding two paragraphs.

Chapter IV Deleted.

Article 16 Deleted.

Article 17 Deleted.

Article 18 Deleted.

Article 19 Deleted.

Chapter V Deleted.

Article 20 Deleted.

Article 21 Deleted.

Article 22 Deleted.

Article 23 Deleted.

Article 24 Deleted.

Chapter VI Notification, Prohibition, and Others

(Notification)

Article 25 When a doctor or a designated doctor performs a sterilization or an induced abortion pursuant to the provisions of paragraph (1), Article 3 or paragraph (1), Article 14, they shall notify the governor of the operations together with the all of them with the reasons in the same month by 10th day of the next month.

(Notification)

Article 26 If a person on whom sterilization was performed get married to anyone, the person shall inform the opponent of the sterilization that was performed on.

(Confidentiality)

Article 27 A person who was engaged in the clerical works of the performance of the sterilization or the induced abortion shall not leak the secrecy of others that may be known on business. The same shall apply even after retired from the business.

(Prohibition)

Article 28 Anyone shall neither perform operations that aim at disabling reproduction nor X-rays irradiation without any reasons other than the provisions of this Act.

Chapter VII Punishment

(Violation of paragraph (1), Article 15)

Article 29 A person who violates the provisions of paragraph (1), Article 15 shall be sentenced to fine not more than 500,000 yen.

Article 30 Deleted.

Article 31 Deleted.

(Violation of Article 25)

Article 32 A person who neither notifies nor make a false notification in violation of Article 25 shall be sentenced to fine not more than 100,000 yen.

(Violation of Article 27)

Article 33 A person who violated the provisions of Article 27 to leak the secrecy of another person without any reasons shall serve a prison term of not more than six months or be sentenced to fine not more than 300,000 yen.

(Violation of Article 28)

Article 34 A person who violated the provisions of Article 28 shall serve a prison term of not more than one year or be sentenced to fine not more than 500,000 yen. If this crime caused another person to be deceased, the person shall serve a prison 500,000 yen. If this crime caused another person to be deceased, the person shall serve a prison term of not more than three years.

Supplementary Provisions

(Effective Date)

Article 35 This Act shall come into effect as of a day on which 60 days have lapsed from the day of promulgation.

(Abolition of Relevant Acts)

Article 36 National Eugenical Act (Act No. 107 of 1940) shall be terminated.

(Continuation of Effect of Penal Provisions)

Article 37 As for the application of the penal regulations against the violative acts that have been conducted before this Act comes into effect, the preceding Act still have its effect even after this Act comes into effect.

(Exclusion of Notification)

Article 38 The provision of Article 25 shall not be applied within the scope if a notification pursuant to the provision of Article 42 of Ordinance of the Ministry of Health, Labour and Welfare of 1946 (the provision of the notification of stillbirth) is filed with a relevant authority.

(Necessary Medicine for Practical Guidance of Birth Control)

Article 39 (1) A person who is designated by the governor pursuant to the provisions of paragraph (1), Article 15 may sell the medicine required for the birth control and only designated by the Minister of Health, Labour, and Welfare to a person who receives its practical guidance irrespective of the provisions of paragraph (1), Article 24 of Pharmaceutical Affairs Act (Act No. 145 of 1980) only up to July 31, 2015.

(2) The governor may cancel the designation in paragraph (1), Article 15 if a person who is designated by the governor pursuant to the provisions of the same paragraph in the same Article falls under each item in the followings.

(i) In case that the provisions of paragraph (1), Article 43 of Pharmaceutical Act shall be applied to the medicine designated by the Minister of Health, Labour, and Welfare pursuant to the provisions of the preceding paragraph, the person in question sells the said medicine that does not pass the inspection pursuant to the provisions of the same paragraph.

(ii) If the person sells the medicine other than the medicine designated by the Minister of Health, Labour, and Welfare pursuant to the provisions of the preceding paragraph as the business,

(iii) If the person sells the medicine to persons other than the people who receive the practical guidance of birth control as the business besides each of the preceding items,

(3) A notification in paragraph (1), Article 15 of Administrative Procedures Act (Act No. 88 of 1993) of the disposition pursuant to the provisions of the preceding paragraph shall be forwarded to a party concerned prior to one week on a date of hearing.

(Exclusion of Medical Association Designating Designated Doctor)

Article 40 (1) The public interest incorporated association provided for in paragraph (1), Article 14 shall include a corporate judicial person other than a public interest incorporated association and an exceptional corporate judicial person (an exceptional corporate judicial person provided for in paragraph (1), Article 42 of the same Act is referred to. The same is hereinafter in this item), an exceptional corporate judicial person ("a specified corporation" is referred to in the next item.) when the Act (Act No. 75 of 1948) that partially revises "the Mother's Body Protection Act" comes into effect, in addition to what are provided for in Article 283 of the Act Concerning the arrangements, etc. of the relevant Acts (Act No. 50 of 2006) accompanied by the enforcements of the Act concerning a general incorporated association and a general incorporated foundation and the Act concerning the approval, etc. of a public interest incorporated association and a public interest incorporated foundation.

(2) If the Minister of Health, Labour, and Welfare finds it necessary for the medical association that is the specified judicial person established with the areas of the prefectures as units to seek for reports or advices or recommendations concerning the designation of paragraph (1), Article 14 performed by the said medical association, it may do so.