Is Abortion Legal in India?

One of the recent turns in the abortion laws in India finds its influences high in the sky of social awareness, judicial interpretations, and advancements in medicine. India was one of the first few countries to legalise abortion on certain grounds. Since then, the law has only been undergoing further refinements to accommodate changing societal needs and healthcare priorities. By 2025, laws will have moved toward inclusivity, accessibility, and perfect safety for all persons, irrespective of whether they are married or unmarried.

The majority of us have questions or misunderstandings when seeking an abortion. You catch yourself wondering about "What is the minimum legal age of abortion in India?" or "Are there safe abortion centers in India?" more than you would like. This blog aims to dispel myths by examining existing abortion laws in India 2025, who can have an abortion, and where and how to get an abortion service in India today.

Abortion Laws in India 2025

India's abortion legislation is mainly governed by the Medical Termination of Pregnancy (MTP) Act, which was first enacted in 1971. Let us understand the law that presently exists and how it is being imposed, and some of the major developments that have occurred in recent years:

Overview of the MTP Amendment Act 2021

The Medical Termination of Pregnancy (Amendment) Act, 2021, permitted termination of pregnancy at 24 weeks rather than 20 weeks in some cases. This was a significant shift that enabled more individuals to undergo safe abortions and prevent unsafe ones.

Permissible Grounds for Abortion

The law allows abortion in the following general circumstances:

• Risk to the woman's life or her physical or mental health.
• Fetal abnormalities
• Pregnancy due to rape or incest
• Contraceptive failure (now also applies to unmarried and married women)

Consent and Legal Authority

If the pregnant woman is above the legal age of abortion in India, she can provide consent. If she is a minor or mentally ill, consent from her guardian must be taken.

Gestational Limits and Conditions

Gestational limits for abortion in India vary by weeks and circumstances, with increasing medical oversight required as the pregnancy progresses, especially after 20 weeks for specific vulnerable cases.

• Up To 20 Weeks: Approval of one doctor
• 20–24 Weeks: Two doctors' sanction obligatory, but only for certain categories (e.g., rape victims, children, etc.).
• At 24 Weeks: Has to be approved by a state-level medical board

Role of Medical Boards

Every state has Medical Boards that screen and permit abortions after 24 weeks if the fetus has serious issues or if the health of the mother is at risk.

Medical Termination of Pregnancy Rules

The actual procedures and regulations surrounding abortion services are defined by the Medical Termination of Pregnancy rules, which cover practitioner qualifications, facility requirements, and more. Let’s understand how abortions are carried out in practice, what healthcare professionals must comply with, and how the law regulates them.

Who Can Perform an Abortion?

Only a registered medical practitioner (RMP) with specific experience in gynaecology or obstetrics can legally perform abortions in India.

Approved Facilities

Abortions must be carried out in government hospitals or safe abortion clinics in India approved by the government under the MTP Act. Unauthorised abortions are illegal and dangerous.

Medical vs. Surgical Abortion

• Medical Abortion: Allowed up to 9 weeks using abortion pills (Mifepristone and Misoprostol)
• Surgical Abortion: Used for pregnancies beyond 9 weeks, involving manual or vacuum aspiration

Confidentiality Clause

All abortion-related records must be kept confidential. Disclosing the identity of a woman seeking an abortion is a punishable offence under the Act.

Record Keeping and Reporting

Every abortion case must be documented, anonymised, and reported to the district authority. Non-compliance can lead to the cancellation of clinic licenses.

Who Can Get an Abortion in India?

A commonly asked question, especially among younger and unmarried individuals, is who can get an abortion in India. The law is more inclusive than ever in 2025. So, let’s understand how marital status, age, medical condition, and gestational age determine a person's eligibility for abortion.

Married vs. Unmarried Women

Following the 2022 Supreme Court ruling, both married and unmarried women are equally entitled to abortion services. Abortion rights for unmarried women in India are now legally protected.

Legal Abortion Age in India

The legal abortion age in India is 18 years. Below this age, parental or guardian consent is required even if the individual is mature enough to understand the implications.

Rape Survivors and Minors

Special provisions exist for rape survivors and minors, allowing them to terminate pregnancy even after 24 weeks with the approval of a state-level Medical Board.

Pregnancies from Contraceptive Failure

The MTP Amendment Act includes contraceptive failure as a valid ground for abortion for both married and unmarried women, which is a progressive shift in Indian law.

Medical Complications and Fetal Abnormalities

In case of critical medical conditions or severe fetal anomalies, the abortion can be approved beyond 24 weeks, provided it is reviewed and endorsed by a registered Medical Board.

Safe Abortion Clinics in India

Access to safe abortion clinics in India is vital to ensuring the reproductive rights and health of women. Before diving into specific services, understand that clinics must be certified and adhere to strict safety and medical standards to qualify as “safe.” A safe abortion clinic must have:

• A registered gynaecologist
• Sterile operating conditions
• 24x7 emergency support
• Proper documentation and reporting mechanisms

Both government and private hospitals can be certified abortion providers. Private hospitals often offer faster access, but public hospitals are more affordable and equally legal. Government and health NGOs often maintain up-to-date directories of certified safe abortion clinics in India, which are available on the Ministry of Health websites.

Abortion Rights for Unmarried Women in India

The judiciary and legislature addressed the struggle for abortion rights for unmarried women in India in recent years. While stigma still exists, legally, unmarried women now have equal standing under the MTP Act for accessing abortion services in India.

Supreme Court Rulings

The 2022 Supreme Court judgment stated that unmarried women have the same abortion rights as married women, marking a critical shift in reproductive justice.

No Requirement of Partner Consent

Neither married nor unmarried women need the consent of their partner to seek an abortion. Only the woman’s consent is considered under the law.

Access to Abortion Pills

Unmarried women can legally purchase abortion pills from pharmacies or clinics, provided gestation is within the permissible limit and under a doctor's guidance.

Protection Against Discrimination

Discrimination against unmarried women in accessing abortion services is illegal. Clinics that deny service can face legal consequences under the MTP Act and the Human Rights Commission.

Empowerment Through Awareness

NGOs and health activists continue to run awareness campaigns about the abortion rights for unmarried women in India, empowering them to seek safe and legal abortions without fear.

Moving Towards a Safer and Inclusive Abortion Framework

Abortion is legal in India, but access, awareness, and societal attitudes matter just as much as the law. The 2025 abortion laws signal a more inclusive, rights-based approach. With the implementation of the Medical Termination of Pregnancy (MTP) rules, increased recognition of abortion rights for unmarried women, and expansion of certified clinics, India is making steady progress. However, clarity around who can get an abortion in India and the legal abortion age is still lacking for many.

At Apollo Spectra, we are committed to offering safe, confidential, and expert-led abortion care, grounded in trust, empathy, and legal compliance. As India advances, the goal must not only be legality but also compassion, dignity, and medically sound care for all, because reproductive rights are human rights.