Doctors can refuse abortion referral under proposed law

Doctors will still be able to refuse to refer patients to an abortion service under proposed abortion law changes, according to a University of Otago analysis.

“Proposals would not remove all grounds for ‘conscientious objection’ in relation to abortion,” says the analysis, published in the New Zealand Medical Journal.

“Health providers would retain their right to object to perform or participate, in the provision of abortion,” the authors said.

They said a practitioner’s duties in New Zealand were minimal. “They only need to inform a woman of the option of seeking out another provider, but are not required to put her in touch with an alternative provider, facilitate her transfer or even provide contact details.”

For “pro-choice” advocacy group Alanz, this was “highly alarming”.

Alanz president Terry Bellamak said it was not the place of a doctor to impose their morality on others. “They knew what they were getting into before they became a doctor.”

Dr Catherine Hallagan, a Wellington-based GP who is in the Health Professionals Alliance, a group of doctors who object to practices such as abortion on moral and religious grounds, told the Herald: “Most health professionals have a conscientious limit as to what they are prepared to do, regardless of what is lawful. Every doctor has the right not to be forced to act beyond this limit, particularly in life-or-death decisions.

“This right to freedom of conscience is especially important, as more and more ethically challenging scenarios arise such as referral for late-term abortions,” Hallagan said.

New Zealand Medical Association chairwoman Dr Kate Baddock echoed Hallagan’s comments, saying conscientious objection is for the most part understood and accepted.

However, she said, the issue of referral was less clear.

“The current law requires that the doctor must inform the woman that she can seek an abortion through another doctor — we support this.

“When the Government proposes law changes we will consult with our members to inform NZMA’s position — until that time we don’t know what the bill is going to propose,” she said.

Justice Minister Andrew Little, who is lodging the bill, said the Government was yet to make an announcement on its approach to this issue and any draft law.

Under current law, abortion is part of New Zealand’s Crimes Act. Women are required to get approval from two doctors and prove an abortion is in the interest of their “physical and mental health and wellbeing”.