If you buy abortion pills a day after 12 weeks of pregnancy, you have committed a crime.
"It is not well-known that the abortion bill was amended four years ago. Even though people were informed of the legal change, they don't know where to seek safe abortion," said Sulaiporn Chonwilai, advocacy coordinator for Tamtang Foundation, which campaigns for improved access to safe abortion in Thailand.
"Over 90% of healthcare facilities don't offer abortion services. Most people don't know that the National Health Security Office (NHSO) provides an abortion subsidy of 3,000 baht. Meanwhile, the Social Security Office (SSO) has also never specified that subscribers are entitled to support for safe abortion."
Campaigners say lack of information, legal services and criminalisation still hinder women’s access to safe abortion.
On March 10, a seminar was held at Parliament Building by the Committee on Legal Affairs, Justice and Human Rights, the Tamtang Foundation and the People's Movement to Eliminate Discrimination (MovED) to mark International Women's Day. Campaigners say lack of information and legal services and criminalisation still hinder women's access to safe abortion.
Abortion has remained illegal in Thailand since 1957 -- except when not doing so threatens the mother's life or following a sexual assault -- until it was revised in Feb 2021. Section 301 allows abortion for women who are up to 12 weeks pregnant and carries a lighter penalty for violation. Section 305 also expands criteria for legal abortion. The key change now allows termination for women 12-20 weeks pregnant after medical consultation.
Lack of support and legal assistance
"There is no update on the total number of abortion seekers each year," said Sulaiporn. The much-quoted estimate of 300,000 in 1999 is outdated and current sources of information are incomplete.
According to the National Health Security Office (NHSO), 17,352 people received an abortion subsidy of 3,000 baht in 2024. After the amendment took effect four years ago, Hotline 1663 has received calls from 183,888 people who inquired about unwanted pregnancy and 145,150 women who had undergone an abortion (around 30,000-40,000 each year).
A placard that reads ‘safe abortion can ensure quality birth’.
"But these two sources don't cover those who purchase abortion pills and go to private clinics themselves," she said.
In addition, Sulaiporn pointed out about the shortage of healthcare facilities that provide abortion services. Although only 20% of abortion seekers are over 12 weeks pregnant, the duration puts them at higher risk and in need of hospital admission. Her data show that last year, there were only 133 service providers (public and private) out of 1,400 healthcare facilities.
"People still have only limited access to legal abortion because it is not available in every province, so they have to seek it elsewhere," she said.
As of last year, abortion could be legally carried out in 51 provinces. In terms of accessibility, 76 hospitals and clinics (57%) accept referrals, while the rest (42%) accept walks-in. Besides, the number of service providers varies according to pregnancy duration. While 90 hospitals (68%) provide abortion for women over 9-12 weeks pregnant, only four (3%) cater to those over 20 weeks pregnant.
Criminal sanction on women
"In the Criminal Code, Section 301 is the only sanction specifically reserved for women, while the rest applies to all regardless of gender," explained Sulaiporn.
Imported from Europe in the 19th century, abortion laws in Thailand have punished women ever since. In the previous abortion bill (1957-2021), Section 301 specified that any woman who has an abortion or allows another to procure it shall be imprisoned for not more than three years or fined not more than 60,000 baht. Following the amendment, Section 301 carries a lighter penalty of no more than six months in jail or a fine of, at most, 10,000 baht.
Sulaiporn Chonwilai, advocacy coordinator for Tamtang Foundation, explains the history of abortion laws.
"What is the point of continuing to penalise women? I propose that Section 301 be scrapped entirely," she said.
Chonthita Kraisrikul, project manager for Tamtang Foundation, debunked the myth that unwanted pregnancy results from lack of experience. Her statistics of abortion seekers from Jan-June last year show that while the rate of adolescent pregnancy accounts for only 20%, the largest demographic of abortion seekers are women aged 20-50.
"In fact, those who have abortion are usually already experienced in birth control, but their method doesn't always guarantee success," she said.
While the majority of abortion seekers never have children, the rest end their pregnancy to prioritise existing children. The main reasons for abortion are work and study (1,522), followed by breakups and already having children (462), threat to the mother's life and deformity (33) and rape (18).
Chonthita said criminalising abortion has a chilling effect on women and service providers. On the one hand, it forces women to seek unsafe services, for example, buying abortion pills of substandard quality online. On the other hand, some healthcare facilities withhold accurate information and require a parent's or a partner's approval in exchange for legally providing the service.
Meanwhile, criminal sanctions can be used against women in abusive or violent relationships. Some men threaten legal action against ex-partners who plan abortion or have already sought illegal services.
"Section 301 induces fear of breaking the law, not to mention the fact that some health professionals punish abortion seekers with birth control on the assumption that they are promiscuous. I just received a complaint from an abortion seeker whose pregnancy resulted from sexual assault. A health professional told her to bear the consequence of her own wild, immoral behaviour," she said.
Chonthita also shared the findings of a study of criminal abortion in the US. In Ohio, after a black woman experienced a miscarriage in a restroom, a nurse sued her for aborting the fetus intentionally.
A banner that reads ‘safe abortion must be available in every province’.
"There is no guarantee that it won't happen in Thailand," she said.
Supatra Nacapew, national human rights commissioner of Thailand, said state parties are obliged to respect, protect and fulfil human rights, covering women's access to reproductive healthcare. For example, Article 12(1) of the Convention on the Elimination of All Forms of Discrimination Against Women (Cedaw) endorses women's right to family planning, including abortion. Its committee's general comment suggests that state parties eliminate discrimination against women in their access to healthcare services.
"According to the Constitutional Court's ruling, abortion is a right derived from women's bodily autonomy. Why did legislators establish criteria for abortion on the basis of morality? The 12-week gestation limit is built on a long-held belief that a baby is not fully formed at this stage and therefore can be aborted," she said.
Supatra concluded that state parties must decriminalise abortion in line with international human rights laws, ensure access to information and legal services, and provide alternatives in the event of conscientious objection. Because of the shortage of abortion facilities, civil society organisations should act as service providers, she suggested.
Assoc Prof Kritaya Archavanitkul, lecturer at Mahidol University's Institute for Population and Social Research and coordinator at Choices Network, said other countries are increasingly moving towards expanding abortion rights. Yet, in Thailand, abortion is still a crime.
"Scrap Section 301. Abortion is a health service," she urged.
