Abortion to save mother’s life

I am a doctor based in Dar es Salaam, but was trained abroad for all my medical degrees. I recently treated a woman with severe pregnancy complications. Her baby had a chromosomal defect that would make life difficult. This condition also affected the mother, her blood pressure was dangerously high, and continuing the pregnancy could kill both her and the child. I was concerned that the doctors allowed such a high-risk pregnancy to progress. In our medical training abroad, such a case warrants termination. I feel bad for this woman and want to recommend a termination, but I was wondering if abortion is legally permitted in Tanzania in such cases?

AC, Dar es Salaam

Your question raises not only legal but also ethical, religious, and cultural concerns in Tanzania. Generally, abortion is a taboo topic and strictly prohibited regardless of the circumstances in some cultures and religions. As legal experts, we will confine our advice to the law.

The Penal Code, Cap. 16 [R. E 2023] sections 150 – 152 criminalises abortion in general, but provides an exception when performed by a qualified medical practitioner to save the life of the mother. Section 230 of the Penal Code provides that a person is not criminally responsible for performing, in good faith and with reasonable care and skill, a surgical operation upon any person for his benefit, or upon an unborn child for the preservation of the mother’s life if the performance of the operation is reasonable, having regard to the patient’s state at the time and to all the circumstances of the case.

In your case, if medical evidence shows that continuing the pregnancy poses a real risk of death, abortion is legally defensible. Remember, a licensed physician must conduct it. Further, it must be adequately documented as medically necessary and strictly limited to preserving the mother’s life. The law is clear: abortion is prohibited except to save the mother’s life, so you must ensure compliance with medical and legal standards. However, it is also good to involve a social worker as the recommendation to terminate affects the woman’s choice, beliefs and family dynamics, which require careful psychological support. We don’t want you to find yourself in trouble. Consult the hospital lawyer for further guidance. Usually, there are protocols to be followed in medical cases that raise legal concerns.