MTP Act 2021 Amendment
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Direct answer
The MTP Amendment Act 2021 lets a registered medical practitioner terminate a pregnancy up to 20 weeks on one opinion, and up to 24 weeks for specified categories of women on two opinions. Beyond 24 weeks, termination is allowed only for substantial fetal abnormalities confirmed by a Medical Board. The Act covers contraceptive failure for any woman or her partner, and the woman's consent and identity confidentiality are essential throughout.
What you must remember
- Up to 20 weeks: the opinion of one registered medical practitioner is required.
- 20 to 24 weeks: two practitioners must agree, and only for specified categories such as rape or incest survivors, minors and certain vulnerable women defined in the Rules.
- Contraceptive failure: a ground for termination up to 20 weeks, extended to any woman or her partner, including unmarried women.
- Beyond 24 weeks: only for substantial fetal abnormalities diagnosed by a Medical Board, apart from immediately necessary termination to save the woman's life.
- Medical Board: constituted by state or Union territory notification, with a gynaecologist, a paediatrician, a radiologist or sonologist, and other notified members.
- Consent and confidentiality: the woman's consent is mandatory and her identity must stay confidential; minors need guardian consent.
A gestation-based pathway
Termination under the Act is decided first by gestational age and second by the category of woman or fetus. The steps below follow that order.
- Establish gestation: confirm the gestational age by dates and ultrasound, since the limit that applies depends on it.
- Up to 20 weeks: one registered practitioner gives an opinion, the woman consents, and termination is carried out at an approved facility.
- 20 to 24 weeks: two practitioners give opinions, and the woman must fall within a specified category under the Rules.
- Beyond 24 weeks: the case goes to the Medical Board, which decides whether a substantial fetal abnormality is present and whether the procedure is safe for the woman.
- Documentation: records of opinions, consent and category are kept, with the woman's identity kept confidential.
The gestational limit is the first decision, and the category or Medical Board is only needed beyond the standard limit.
Where the exam tries to catch you
Questions here test which gestational band needs how many opinions and which category or body is required.
- Trap: Assuming two opinions are needed up to 20 weeks. Correct: Up to 20 weeks needs only one registered medical practitioner.
- Trap: Assuming the 24-week limit applies to every indication. Correct: Beyond 20 weeks only specified categories qualify, and beyond 24 weeks only substantial fetal abnormalities do, apart from emergency termination to save life.
- Trap: Assuming a Medical Board is required for ordinary late termination. Correct: The board is required for substantial fetal abnormality beyond 24 weeks.
Frequently asked questions
How many opinions does MTP need up to 20 weeks?
Up to 20 weeks, the MTP Amendment Act 2021 requires the opinion of one registered medical practitioner. The woman's consent is also needed. Termination is then carried out at an approved facility.
Which women qualify for MTP between 20 and 24 weeks?
Women in specified categories, such as rape or incest survivors, minors and certain vulnerable women, qualify between 20 and 24 weeks. Two registered medical practitioners must give their opinions. The categories are defined in the Rules under the Act.
When is a Medical Board needed for MTP?
A Medical Board is needed for termination beyond 24 weeks when substantial fetal abnormalities are suspected. The board is constituted by the state or Union territory. Its opinion decides whether the gestational limit can be exceeded.
Does the 2021 amendment extend contraceptive failure to unmarried women?
Under the amended Act, contraceptive failure is a ground for any woman or her partner, including unmarried women. The ground applies up to 20 weeks of gestation. Confidentiality of the woman's identity is also mandatory under the Act.