Abstract: The right to birth, as one of the basic human rights, includes the right to abortion. It is great progress to acknowledge the right to abortion in the women’s movement, which is benefit for women to be liberated from the gender role. However, proper restrictions of the right to abortion can promote the development of the right to abortion while inappropriate restrictions of the right can also aggravate or infringe on women’s legitimate interest. This paper analyses the concept of the right to abortion and irrational restrictions of this right in some local regulations. Proper restrictions of the right to abortion are in agreement with the birth control policy in China, but we should pay attention to the principle of proportionality, emphasize particularly on the protection of women’s legitimate interest and apply various measures comprehensively.