(a) Abortion means the termination of a human pregnancy with an intention other than to produce a live birth or to remove a dead fetus. (b) An abortion may be performed:
(1) by a physician licensed to practice medicine this Territory or by a physician practicing medicine in the employ of the government of the United States; (2) in the physician’s adequately equipped medical clinic or in a hospital approved or operated by the United States or this Territory; and (3) (A) within 13 weeks after the commencement of the pregnancy; or (B) within 26 weeks after the commencement of the pregnancy if the physician has reasonably determined using all available means: (i) that the child would be born with a grave physical or mental defect; or (ii) that the pregnancy resulted from rape or incest; or (C) at any time after the commencement of pregnancy if the physician reasonably determines using all available means that there is a substantial risk that continuance of the pregnancy would endanger the life of the mother or would gravely impair the physical or mental health of the mother. SOURCE: Enacted in 1978 as part of the original Criminal & Correctional Code. 2022 NOTE: Past publications of the GCA included the following annotations: COMMENT: The Law Revision Commission made no recommendation as to the regulation of abortion. This section was added by the Legislature, which committed a serious error in its adoption (since rectified). Initially (1978), no sanctions were provided for the performing of illegal abortions. However, this has been changed in later sections of this Chapter. COURT DECISIONS: Sections 31.20, 31.21, 31.22 and 31.33, as reenacted by P.L. 20-134, were declared null and void as contrary to the U.S. Constitution. As a result, the original sections of law were reinstated. Guam Society of Obstetricians & Gynecologists, et al. v. Ada, Governor of Guam, et al., No. 90-16706, C.A.9 (1992), 962 F.2d 1366.
Past publications also included an undated Compiler’s Note that set forth the following statutory provisions added by P.L. 20-134 (Mar. 19, 1990): § 31.20. Abortion: Defined. Abortion means the purposeful termination of a human pregnancy after implantation of a fertilized ovum by any person including the pregnant woman herself with an intention other than to produce a live birth or to remove a dead unborn fetus. Abortion does not mean the medical intervention in (i) an ectopic pregnancy, or (ii) in a pregnancy at any time after the commencement of pregnancy if two (2) physicians who practice independently of each other reasonably determine using all available means that there is a substantial risk that continuance of the pregnancy would endanger the life of the mother or would gravely impair the health of the mother, any such termination of pregnancy to be subsequently reviewed by a peer review committee designated by the Guam Medical Licensure Board, and in either case such an operation is performed by a physician licensed to practice medicine in Guam or by a physician practicing medicine in the employ of the government of the United States, in an adequately equipped medical clinic or in a hospital approved or operated by the government of the United States or of Guam. § 31.21. Providing or Administering Drug or Employing Means to Cause an Abortion. Every person who provides, supplies, or administers to any woman, or procures any woman to take any medicine, drug, or substance, or uses or employs any instrument or other means whatever, with intent thereby to cause an abortion of such woman as defined in § 31.20 of this Title is guilty of a third degree felony. In addition, if such person is a licensed physician, the Guam Medical Licensure Board shall take appropriate disciplinary action. § 31.22. Soliciting and Taking Drug or Submitting to an Attempt to Cause an Abortion. Every woman who solicits of any person any medicine, drug, or substance whatever, and takes the same, or who submits to any operation, or to the use of any means whatever with intent thereby to cause an abortion as defined in § 31.20 of this Title is guilty of a misdemeanor. § 31.23. Soliciting to Submit to Operation, Etc., to Cause an Abortion. Every person who solicits any woman to submit to any operation, or to the use of any means whatever, to cause an abortion as defined in § 31.20 of this Title is guilty of a misdemeanor. In Guam Society of Obstetricians & Gynecologists v. Ada, 962 F.2d 1366 (9th Cir 1992), cert. denied, 506 U.S. 1011 (1992), the Ninth Circuit Court invalidated these provisions, relying on Roe v. Wade, 410 U.S. 113 (1972), and also permanently enjoined enforcement of P.L. 20-134. Roe v. Wade was overturned by Dobbs v. Jackson Women’s Health Organization, 597 U.S. -- (2022), and in response to a request from members of the 36th Guam Legislature, the Attorney General of Guam issued Opinion
Memorandum LEG-22-0324, finding that the 20th Guam Legislature had exceeded its Organic Act authority in enacting P.L. 20-134, and that P.L. 20-134 was void ab initio. See Att’y. Gen. Op. Mem LEG-22-034 (July 6, 2022). Based on this guidance, the provisions of P.L. 20-134 will not be codified in the GCA.