優生保健法施行細則

The rules are enacted in accordance with Article 17 of the Reproductive Health Act (hereinafter referred to as the Act).

The items for the health or pre-marital examinations referred to in Article 6 of the Act are listed in Annex I.

1The Necessity stated in Paragraph 1 of Article 6 of the Act means the following circumstances:

21. Individuals suspected of having hereditary, communicable, or psychiatric diseases detrimental to reproductive health.

32. Individuals whose blood relative within the fourth degree of kinship is diagnosed with hereditary diseases detrimental to reproductive health.

43. Individuals suspected of having a disease that requires a health examination.

5When encountering one of above cases, public health care institutions and private hospitals or clinics at all levels shall immediately report to the local competent authority.

The fertility regulation services and guidance referred to in Subparagraph 1 of Article 7 of the Act refer to the provision of various contraceptive methods, devices, medicines, sterilization procedures, and infertility diagnosis and treatment for men and women of reproductive age; however, sterilization procedures shall be performed only in accordance with the provisions of Article 10 of the Act.

The health care services and guidance for pre-pregnancy, prenatal, perinatal, postnatal stated in Subparagraph 2 of Article 7 of the Act means providing examinations, delivery, nutrition and health guidance during pregnancy.

The infant and toddler health services referred to in Subparagraph 3 of Article 7 of the Act mean the provision of health examinations, vaccinations, necessary diagnosis and treatments, nutrition and health guidance for infants under one year old and children from one year old to school entry age.

The examinations, services, guidance and education referred to in Article 6 and 7 of the Act shall be carried out by public health care institutions and private hospitals or clinics at all levels.

1Public health care institutions and private hospitals or clinics at all levels shall provide outpatient services related to relevant matters, make case records, and advise persons requiring health or pre-marital examinations to undergo such examination. If a disease is identified, they shall advise the individual to undergo treatment and provide fertility regulation guidance.

2Public health care institutions and private hospitals or clinics at all levels, if necessary, home visits and various forms of educational promotion may also be conducted.

(Delete)

1The scope of hereditary, communicable, or psychiatric diseases that may adversely affect reproductive health, as referred to in the Act, is as follows:

21. Individuals with conditions that may adversely affect normal fetal development, such as pregnant women suffering from phenylketonuria or rubella.

32. Individuals with conditions that are incapable of caring for infants, such as those with severe intellectual disability or schizophrenia.

43. Individuals who may transmit abnormal chromosomes or genes to their offspring, such as patients suffering from Down syndrome or Huntington's disease.

The scope of medical grounds for pregnancy or childbirth that may cause life-threatening risks or adversely affect the women’s physical or mental health, as referred to in the Act, is specified in Annex II.

The scope of medical grounds for the suspected risk of fetal malformation, as referred to in Subparagraph 4 of Paragraph 1 of Article 9 of the Act, is specified in Annex III.

The scope of persons legally prohibited from marriages, as referred to in Subparagraph 5 of Paragraph 1 of Article 9 of the Act, shall be governed by provisions of Article 983 of the Civil Code.

Where pregnancy or childbirth is deemed likely to adversely affected a woman’s mental health or family life, as referred to in Subparagraph 6 of Paragraph 1 of Article 9, fetal sex shall not be considered as the reason for such determination.

Cases set out in Article 10 to Article 13 shall be determined by the designated physician performing induced abortion or sterilization procedures in accordance with the applicable provisions.

1Except when induced abortion is performed as a medical necessity, induced abortion shall be performed within 24 weeks of pregnancy.

2For pregnancies within 12 weeks, induced abortion shall be performed in hospitals or clinics by qualified physicians authorized to conduct the procedure; for pregnancies beyond 12 weeks, induced abortion shall be performed in hospitals by qualified physicians in a hospital setting under inpatient care.

The agencies imposing fines set out in this Act are the municipal and county (city) governments.

This set of Regulations is implemented on the day of announcement.