Abortion Law Morocco
"Abortion is not punishable if the pregnancy results from a violation or a crime of incest, if the person concerned has a mental disorder, or if the fetus has serious malformations or a genetic disease" (since 2016).
Abortion Law: Morocco
Chapter VIII: Crimes against the institution of family and the public morality. Art. 449-504, Session I, On Abortion
Any person who, by means of food, beverages, medicines, maneuvers, violence or by any other mean, has procured or attempted to procure the abortion of a pregnant woman, whether she has consented to it or not, will be subjected to imprisonment from one to five years and a fine of 200 to 500 dirhams.
If death has resulted, the punishment is the imprisonment from ten to twenty years.
If it is established that the offender habitually performed the acts referred to in the preceding article, the imprisonment shall be doubled in the case provided for in the first paragraph, and the penalty of imprisonment shall be increased from twenty to thirty years in the case provided for in subparagraph 2. Where, under the provisions of article 449 or this article, a tort is only incurred, the offender may be punished for not less than five years and not more than ten years from the prohibition of one or more of the rights mentioned in Article 40 and the prohibition of residence.
Physicians, surgeons, health officers, dentists, midwives, moualidat, pharmacists, as well as medical or dental students, students or employees in pharmacies, herbalists, bandagists, surgical instrument dealers, nurses, masseurs, Healers and qablats who have indicated, favored or practiced the means of procuring abortion shall, as the case may be, be punished with the penalties provided for in articles 449 or 450 above.
The prohibition on the exercise of the profession provided for in Article 87 shall also be imposed on the guilty parties either temporarily or permanently.
Any person who contravenes the prohibition of his profession pronounced under the last paragraph of the preceding article shall be punished with imprisonment of not less than six months and not more than two years and a fine of between 500 and 5,000 dirhams or of one of these two penalties only.
Abortion is not punished when it is a necessary measure to safeguard the health of the mother and is openly practiced by a doctor or surgeon with the consent of the spouse.
If the practitioner considers that the life of the mother is in danger, this authorization is not required. However, notice must be given by him to the physician of the prefecture or of the province.
In the absence of a spouse, or where the spouse refuses to give consent or is prevented from doing so, the physician or surgeon may not proceed with the surgery or use a therapeutic procedure which may lead to the termination of the pregnancy. After written notice from the physician of the prefecture or the province that the health of the mother can be safeguarded only by such treatment.
The woman who has intentionally aborted or attempted to abort or who has consented to use means indicated or administered for that purpose shall be punished by imprisonment from six months to two years and a fine of 200 to 500 dirhams.
Shall be punished with imprisonment from two months to two years and a fine of 200 to 2,000 dirhams or one of these two penalties only, anyone who:
- Either by speeches made in public places or meetings;
- Either through sale, offering for sale, or offering, even non-public, or by exposure, posting or distribution on public roads or in public places, or by home delivery, In the envelope or in a closed or unclosed envelope, to the post office, or to any distribution or transportation agent, books, writings, printed matter, advertisements, posters, drawings, images and emblems;
- Either by advertising medical practices or medical aid, caused abortion, even though the provocation was not followed by effect.
- Any person who has sold, offered for sale, or caused to be sold, distributed or caused to be distributed, in any manner whatsoever, shall be punished with the same penalties for any remedies, substances, instruments or objects, knowing that they were intended to commit abortion, even though such remedies, substances, instruments or articles of any kind proposed as effective means of abortion, would in reality be unfit to achieve it.
However, when abortion has been consumed as a result of maneuvers the penalties set forth in article 449 of the Penal Code shall be applied to the perpetrators of such maneuvers.
Any conviction for any of the offenses set forth in this section shall, as of right, constitute a prohibition against the exercise of any function and shall not discharge any employment in any capacity whatsoever in any clinic or delivery place and any establishment Whether public or private, usually receiving for consideration or free of charge.
However, in 2015-2016 following controversies around the law measures have been taken to allow the practice of abortion in specific cases, like rape, incest, malformation of the fetus and save a woman's life.