Section 301 — Self-induced abortion after twelve weeks
English translation
Any woman who causes her own abortion, or allows another person to cause her abortion, while the age of her pregnancy exceeds twelve weeks, shall be liable to imprisonment not exceeding six months, or a fine not exceeding ten thousand baht, or both.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
The elements are: (1) a woman who causes her own abortion or consents to another causing it, and (2) a pregnancy exceeding twelve weeks at the time. As amended, the provision decriminalises a woman's abortion within the first twelve weeks, so only abortion after that gestational threshold is an offence, and even then it carries a light penalty. This sits at the head of the Title on Offences of Causing Abortion and works together with Section 305, which sets out the cases in which a medical practitioner may lawfully terminate a pregnancy, including after twelve weeks under defined conditions. It is distinct from Sections 302 and 303, which punish the person who performs the abortion on the woman.
Why this matters in practice
The practical significance is the twelve-week line: an abortion within the first twelve weeks is not an offence for the woman at all, so the threshold and its calculation are decisive. Even beyond twelve weeks, Section 305 provides lawful routes, including termination up to twenty weeks after counselling, so many later abortions can still be lawful if carried out by a medical practitioner within the statutory conditions. Exposure here is minor, six months at most, and the offence is often better addressed by establishing that a Section 305 exemption applies than by contesting the facts.
Frequently asked questions
Is abortion legal in Thailand?
A woman's own abortion within the first twelve weeks of pregnancy is not an offence under Section 301, and later abortions can still be lawful when performed by a medical practitioner within the conditions in Section 305.
What is the penalty if a woman aborts after twelve weeks?
Under Section 301 the penalty is imprisonment up to six months, a fine up to 10,000 baht, or both, but an exemption under Section 305 may still make the termination lawful.