Section 305 — Lawful medical abortion
English translation
If the commission of an offence under Section 301 or Section 302 is done by a person practising the medical profession and in accordance with the rules of the Medical Council, in the following cases, the person committing it shall not be guilty of an offence:
(1) it is necessary because, if the woman continues the pregnancy, she will be at risk of harm to her physical or mental health;
(2) it is necessary because there is a substantial risk, or reasonable medical grounds to believe, that if the child is born it will have an abnormality to the extent of grave disability;
(3) the woman confirms to the medical practitioner that she is pregnant as a result of a sexual offence;
(4) a woman whose pregnancy is not more than twelve weeks confirms her intention to terminate the pregnancy;
(5) a woman whose pregnancy exceeds twelve weeks but not more than twenty weeks confirms her intention to terminate the pregnancy after examination and options counselling by a medical practitioner and other professionals, in accordance with the rules and procedures prescribed by notification of the Minister of Public Health on the advice of the Medical Council and relevant agencies under the law on the prevention and solution of the adolescent pregnancy problem.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This is an exemption provision: where the conduct that would otherwise be an offence under Section 301 or Section 302 is performed by a person practising the medical profession, in accordance with the rules of the Medical Council, and within one of the five listed grounds, there is no offence at all. The grounds combine medical-necessity cases (health risk, grave fetal abnormality, pregnancy from a sexual offence) with elective grounds tied to gestational age (up to twelve weeks on the woman's confirmation, and from twelve to twenty weeks after mandatory counselling under Ministry of Public Health rules). As amended, the section is the legal backbone of lawful abortion in Thailand, and it does not extend to Section 303, non-consensual abortion.
Why this matters in practice
In practice this is the provision that makes an abortion lawful, and it turns on three requirements: the person must be a qualified medical practitioner, the procedure must follow the Medical Council's rules, and one of the five grounds must be satisfied. The gestational grounds are strict, twelve weeks for elective termination on request and twenty weeks with counselling, so timing and documentation matter. Because it is an exemption, it is the natural defence to a charge under Section 301 or 302, and establishing that all requirements were met defeats the charge entirely.
Frequently asked questions
When is an abortion legal in Thailand?
Under Section 305, a termination by a qualified medical practitioner following the Medical Council's rules is lawful in five cases, including health risk, grave fetal abnormality, pregnancy from a sexual offence, up to twelve weeks on the woman's request, and from twelve to twenty weeks after counselling.
Can a woman get a legal abortion after twelve weeks?
Yes, in limited cases. Section 305 allows termination between twelve and twenty weeks where the woman confirms her intention after examination and options counselling under the Ministry of Public Health rules, as well as on medical-necessity grounds.