Now it’s law: tubal ligation can be done without the husband’s approval

The bill that ends the requirement for the express consent of the spouse for surgeries, such as tubal ligation and vasectomy, was sanctioned this Monday (5), by President Jair Bolsonaro (PL). The legislation, passed in Congress in August, amends the 1996 law on family planning and was published in the Federal Official Gazette.

The measure also reduced the minimum age to perform the surgical sterilization procedure from 25 to 21. However, if men and women have at least two living children, they are allowed to sterilize at any age – which was already provided for in the original text.

Know more: Pregnancy after tubal ligation: understand how it is possible

Another change is the option for the tubal ligation to be performed during the delivery period. From now on, a woman can request the procedure at least 60 days in advance of delivery, subject to medical conditions.

How was it before?

The author of the approved bill is deputy Carmen Zanotto (Cidadania-SC). In the original text of Law 9,263, it was stated that, in marital relationships, the practice of sterilization surgeries could only be performed with the consent of the spouse. With the change, this paragraph was deleted, which is considered an advance to women’s rights, although the change also covers men.

Also, previously, sterilization could not be done during childbirth or abortion. With the change, women no longer need to undergo two procedures, such as a cesarean section and, later, a tubal ligation, which facilitates the process.

Read more: Fertility: is there treatment for having children for those who have had a vasectomy or tubal ligation?

During the Senate session, Nilda Gondim (MDB-PB), rapporteur for the project, reiterated that the amendment to the law allows women to have “the right to decide whether they want to use the contraceptive method or not”. The changes in the law come into force after 180 days from the sanction, counted from this Monday (5).