Juridically and Legality Consideration of Single Article of Therapeutic Abortion

Abortion is one of the most controversial subjects in human societies since a long time ago. Laws and policies of countries follow three different routes. First, forbid abortion due to respecting life and religion doctrine. Second, absolute liberty should be dedicated to pregnant women since they have the absolute authority on their lives. Third, relative liberty should be allowed which would allow women to abort under some specific circumstances. The third group neither ignores the principles of the society nor needs to confront with predicaments which could come from abortion forbidding, such as increment of mothers’ death tolls owing to insanity abortion, increasing deformed newborns, and imposing guardianship expenses to the community.Fetus since its genesis until its final evolution, experiences two traverses. The first is before intromission of spirit and the second one would be after spirit inspiration. Abortion is forbidden regardless of the matter, yet most of clerics with respect to difficulty issues, have allowed it before intromission of spirit. It is allowed if a fetus was deformed or there is a possibility of death for their mothers. Therefore, on December 12, 2005, a law was passed to license abortion with consent of the mother due to anomaly of a fetus and possible death for its mother before intromission of spirit to the fetus under the supervision of forensics. Although passing such a law would have some positive impacts and it could decrease the negative impacts of abortion somehow, ambit of this note was not clear completely. Due to these facts, different approaches have been assumed. In the present study, fundamentals the single article was considered juridically and legality and some ambiguities were considered.