[Legal secrecy: abortion in Puerto Rico from 1937 to 1970]. / Clandestinaje legal: el aborto en Puerto Rico de 1937 a 1970.

ABSTRACT

PIP: The legal status and occurrence of abortion in Puerto Rico are examined for the years from 1937 (when abortion under some conditions was legalized) through 1970. A series of legislative initiatives in 1937 repealed laws prohibiting interstate transportation of contraceptive materials and information, legalized contraceptive sterilization, and permitted abortion to conserve the health or life of the woman. The effective legalization of abortion in 1937 was not publicly recognized at the time or in later decades, and the legal changes apparently did not lead immediately to a significant increase in the number of abortions, unlike sterilizations, which did increase significantly. The requirement that indications for therapeutic abortion be identified by physicians excluded the nurses and midwives who had traditionally been responsible for most births and abortions. Foreign organizations such as the Clergy Consultation Service promoted the legal practice of abortion in Puerto Rico. Efforts in 1964 to amend the penal code to curtail abortion were less successful than the passage by New York in 1970 of the most liberal abortion law in the US, which greatly reduced the number of abortions in Puerto Rico. Puerto Rican women able to pay obtained abortions from trained professionals, despite the perception of abortion as illegal, but poor women had recourse to poorly trained midwives and nurses at best. A training program for midwives during the 1930s provided instruction and equipment necessary for safe deliveries, but the knowledge gained was reflected in safer abortions and declining maternal mortality.