Paraguay: Abortion Law


Abortion is permitted only to save a woman's life.

PARAGUAY. Criminal Code (Law No. 1160/97 of November 26, 1997).

Art. 109: Indirect death due to state of necessity during childbirth

The work that indirectly causes the death of the fetus through proper acts of childbirth is not illegal if, according to the knowledge and experience of the physician, it is necessary and inevitable to divert a serious danger to the life or health of the mother.

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Art. 349: Abortion caused by the same or third parties

The woman who causes her abortion, by any means employed by herself or a third party with her consent, will be punished with a penitentiary of fifteen to thirty months.

If he had acted in the interest of saving his honor, he would be punished with imprisonment for six to twelve months.

Art. 350: Death of the woman because of the abortion

The penalty will be four to six years if, because of the means used to cause the abortion or because of the abortion, it results in the death of the woman.

If the death of the woman results from having used more dangerous means to make her abort  than those consented by her, the penalty will be from six to eight years of penitentiary.

Art. 351: Abortion without consent (malicious)

Whoever, without the consent of the patient, will intentionally cause a woman's abortion, using violence or direct means, will be punished with three to five years of penitentiary.

If it results in the death of the woman, the guilty person will suffer from five to ten years of penitentiary.

In other cases, abortion not consented to by the patient will be punished with two to five years of penitentiary.

Art. 352: Aggravating factors - coparticipes

The penalties established in the three preceding articles shall be increased by fifty percent when the guilty party is the husband of the patient.

The same increase will apply to physicians, surgeons, healers, midwives, pharmacists, their practitioners and assistants, manufacturers or sellers of chemicals and medical students, who knowingly have indicated, supplied or employed the means by which the abortion or death occurred.

However, any of those who justify abortion indirectly shall be exempt from liability, for the purpose of saving the life of the woman endangered by pregnancy or childbirth.

Art. 353: Mitigating - cause of honor

In case of abortion caused to save the honor of the wife, mother, daughter or sister the corresponding penalties will be halved.