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Abortion in Iran, as can be expected of many government policies, changed drastically between governments.
Abortion was first legalized in 1977.[1] In April 2005, the Iranian Parliament approved a new bill easing the conditions by also allowing abortion in certain cases when the fetus shows signs of disability,[2][3] and the Council of Guardians accepted the bill in 15 June 2005.[citation needed]
Abortion is currently legal in cases where the mother's life is in danger, and also in cases of fetal abnormalities that makes it not viable after birth (such as anencephaly) or produce difficulties for the mother to take care of it after birth, such as major thalassemia or bilateral polycystic kidney disease. There is no need for a consent from the father and request and consent of mother with approval of three specialist physicians and final acceptance by legal medicine center suffices. Legal abortion is allowed only before 19th week of pregnancy.[2]
Much of the controversy has historically stemmed from Iran's status as a theocracy as it was established after the 1979 revolution; many policies, including those concerning social topics, are based on sharia law as interpreted from the Qur'an through the nation's Shi'a legal philosophy. While abortion is not actually referenced in the Qur'an, infanticide is specifically condemned, and this has been used as an argument to keep abortion illegal in most or all cases in which it might be sought. The sections of the Qur'an that detail the importance of health for women have been used to combat this argument,[4] and have been moderately successful at changing the legislation against abortion enacted after 1979. Nowadays, most Islamic legal schools of thought hold that the ensoulment of a fetus takes place four months after conception, which has extended the discussion of abortion in many nations and communities that base their judicial codes off of Islamic law; in Iran, a consensus has recently developed that abortion is legitimate if it is before this four-month mark.[5]
Arguing for the legality or partial legality of abortion has the potential to be successful in Iran only if it is through religious discourse. All religious ruling in Iran has its final approval or veto assigned by the Guardian Council, a reviewing and regulatory body that has the ability to support or strike down all policies of Iran.[6]
In October 2021 a bill was proposed that would mandate local laboratories to report positive pregnancy tests in order to prevent "criminal abortions."[7][8]
^Eliz Sanasarian, The Women's Rights Movements in Iran, Praeger, New York: 1982, ISBN 0-03-059632-7.
^ abHarrison, Frances. (April 12, 2005). "Iran liberalises laws on abortion Archived 2008-12-16 at the Wayback Machine." BBC News. Retrieved May 12, 2006.
^"Iran's Parliament eases abortion law Archived 2007-09-29 at the Wayback Machine." (April 13, 2005).The Daily Star. Retrieved May 12, 2006.
^Mehryar, Amir; Shirin Ahmad-Nia; Shahlah Kazemipour (2007). "Reproductive Health in Iran: Pragmatic Achievements, Unmet Needs, and Ethical Challenges in a Theocratic System". Studies in Family Planning. 38 (4): 352–361. doi:10.1111/j.1728-4465.2007.00146.x. PMID 18284048.
^Aramesh, Kiarash (2009). "A Closer Look At The Abortion Debate in Iran". American Journal of Bioethics. 9 (8): 57–58. doi:10.1080/15265160902939966. PMID 19998164. S2CID 39682273.
^Ballantyne, Angela; Ainsley Newson; Florencia Luna; Richard Ashcroft (2009). "Prenatal Diagnosis and Abortion for Congenital Abnormalities: Is It Ethical to Provide One Without the Other?" (PDF). The American Journal of Bioethics. 9 (8): 48–56. doi:10.1080/15265160902984996. hdl:2123/12651. PMID 19998163. S2CID 26792142. Archived (PDF) from the original on 2017-08-14. Retrieved 2018-10-25.
^"Iranian authority mandates pregnant women be reported to prevent 'criminal abortions'". ABC News. Archived from the original on 2021-11-01. Retrieved 2021-11-03.
^"طرح جواني جمعيت و حمايت از خانواده". Archived from the original on 2021-11-02. Retrieved 2021-11-03.
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