<p>Mandatory Waiting Periods Before Abortion and Sterilization: Theory and Practice</p>

Abstract

Some laws insist on a fixed, compulsory waiting period between the time of obtaining consent and when abortions or sterilizations are carried out. Waiting periods are designed to allow for reflection on the decision and to minimize regret. In fact, the cognitive processing needed for these important decisions takes place relatively rapidly. Clinicians are used to handling cases individually and tailoring care appropriately, including giving more time for decision-making. Psychological considerations in relation to the role of emotion in decision-making, eg, regret, raise the possibility that waiting periods could have a detrimental impact on the emotional wellbeing of those concerned which might interfere with decision-making. Having an extended period of time to consider how much regret one might feel as a consequence of the decision one is faced with may make a person revisit a stable decision. In abortion care, waiting periods often result in an extra appointment being needed, delays in securing a procedure and personal distress for the applicant. Some women end up being beyond the gestational limit for abortion. Those requesting sterilization in a situation of active conflict in their relationship will do well to postpone a decision on sterilization. Otherwise, applicants for sterilization should not be forced to wait. Forced waiting undermines people's agency and autonomous decision-making ability. Low-income groups are particularly disadvantaged. It may be discriminatory when applied to marginalized groups. Concern about the validity of consent is best addressed by protective clinical guidelines rather than through rigid legislation. Waiting periods breach reproductive rights. Policymakers and politicians in countries that have waiting periods in sexual and reproductive health regulation should review relevant laws and policies and bring them into line with scientific and ethical evidence and international human rights law.

The impact of mandatory waiting periods on abortion-related outcomes: a synthesis of legal and health evidence

“…Indeed, they may exacerbate them by reinforcing perceptions of social disapproval. Where women are unsure or seek to revisit their decision, providers are well-equipped to support this through the provision of additional time [ 55 ]; legal or policy mandates requiring such a ‘reflection period’ are not necessary to ensure that women can reach a decision in the time that is right for them.…”

Reproductive Justice as a Framework for Abortion Care

“…Mandatory waiting periods typically require individuals seeking an abortion to wait a predetermined period, usually between 24 and 72 hours, following statemandated counseling before proceeding with the abortion. 8 These mandates are unnecessary as most people decide to get an abortion before they even see a doctor. Furthermore, the waiting periods unjustly burden economically disadvantaged groups by necessitating multiple visits.…”

“…First, appointment rescheduling conflicts due to inflexible work schedules coupled with physician shortages result in even longer wait times, sometimes leading individuals to surpass the gestation age limits for abortion procedures. 8 Second, multiple visits to an abortion clinic can incur additional travel expenses, lost wages, and childcare costs, exacerbating the financial strain for those already experiencing financial hardship. 9 Restrictions like mandatory waiting periods not only delay access to care but also compound the financial obstacles associated with accessing an essential health service such as abortion, particularly for economically disadvantaged individuals.…”

Ethics of a Mandatory Waiting Period for Female Sterilization

“…Emotional barriers to decision‐making should also be considered. A woman who is experiencing conflict in her sexual relationship or is subjected to intimate‐partner violence might be seeking reproductive control in light of her situation 72 …”