Abortion in Europe varies considerably between countries and territories due to differing national laws and policies on its legality, availability of the procedure, and alternative forms of support for pregnant women and their families.
In most European countries,abortion is generally permitted within a term limit belowfetal viability (e.g. 12 weeks inGermany and 12 weeks and 6 days inItaly, or 14 weeks inFrance andSpain), although a wide range of exceptions permit abortion later in the pregnancy.[1][2] The longest term limits – in terms of gestation – are in theUnited Kingdom and in theNetherlands, both at 24 weeks of gestation.
Abortion is subsidized or fully funded in many European countries.[1] Grounds for abortion are highly restricted inPoland and in the smaller jurisdictions ofMonaco,Liechtenstein,Malta and theFaroe Islands, and abortion is prohibited inAndorra.[3]
TheEuropean Court of Human Rights, summarising its abortion-related case law, in theVo v France ruling in 2004, noted the "diversity of views on the point at which life begins, of legal cultures and of national standards of protection" and therefore, in a European context, the nation-state "has been left with considerable discretion in the matter."[4]
Abortions have taken place either within or outside the law throughout European history, alongside initiatives by opponents of abortion to provide alternatives where a pregnancy is difficult or unwanted. These have includedkinship care by families and friendship circles in every culture, the adoption and fostering ofalumni children in Roman society, and theoblation of children who were given into the care of monastic institutions if a family was unable to provide adequate care.[5] In the modern era, formal support services have includedadoption,fostering andfoundling hospitals.
Debates around abortion, pregnancy and the beginning of life were common inGreek and Roman philosophy and medicine, and would have also been known in cultures which have not left a written record. The medical writerSoranus of Ephesus wrote in the early 2nd century AD:[6]
A contraceptive differs from an abortive, for the first does not let conception take place, while the latter destroys what has been conceived ... But a controversy has arisen. For one party banishes abortives ... because it is the specific task of medicine to guard and preserve what has been engendered by nature. The other party prescribes abortives, but with discrimination ...
Much of what is known about themethods and practice of abortion inGreek andRoman history comes from early classical texts. Abortion, as a gynecological procedure, was primarily the province of women who were either midwives or well-informed laypeople. In hisTheaetetus,Plato mentions a midwife's ability to induce abortion in the early stages of pregnancy.[7][8][9] A fragment attributed to the poet Lysias "suggests that abortion was a crime in Athens against the husband, if his wife was pregnant when he died, since his unborn child could have claimed the estate."[10]
An early Christian understanding of preventing abortion and infanticide was outlined in the 1st centuryDidache, which was published inSyria orPalestine and became widely available in Europe with the growth of the early Church.[12]
Restrictions on abortion have generally corresponded with laws and societies influenced by Christianity or where a substantial number of health professionals refuse to perform abortion due to a personalconscientious objection which is often, but not always, related to religious faith.[13]
Human life must be respected and protected absolutely from the moment of conception. From the first moment of his existence, a human being must be recognized as having the rights of a person – among which is the inviolable right of every innocent being to life.
Since the ancient time the Church has viewed deliberate abortion as a grave sin. The canons equate abortion with murder. This assessment is based on the conviction that the conception of a human being is a gift of God.
Following the Reformation,Protestants also affirmed life before birth and opposed abortion, although individual Protestant churches have adopted differing positions on the grounds on which abortion should or should not be permitted.John Calvin, for example, wrote:[17]
The fetus, though enclosed in the womb of its mother, is already a human being, and it is almost a monstrous crime to rob it of the life which it has not yet begun to enjoy.
The bishops of theAnglican Communion expressed opposition to abortion at the 1930 Lambeth Conference.[18] The 1958 Lambeth Conference'sFamily in Contemporary Society report affirmed the following position on abortion[19] and was commended by the 1968 Conference:[20]
In the strongest terms Christians reject the practice of induced abortion or infanticide, which involves the killing of a life already conceived (as well as a violation of the personality of the mother), save at the dictate of strict and undeniable medical necessity ... the sacredness of life is, in Christian eyes, an absolute which should not be violated.
Development of other faith and secular perspectives
Islamic andJewish perspectives on abortion differ according to the scholarship followed. All Islamic schools of thought agree that abortion is recommended when the mother's life is in danger as the mother's life is paramount. The author ofSahih al-Bukhari (Book of Hadith) writes that the unborn child is believed to become a livingsoul after 120 days of gestation.[21]
Abortion has been questioned from a secular perspective, drawing on modern understandings of science and human rights,[22] although the potential to legalise and increase the availability of abortion was supported bysecular and libertarian feminists and socialists from the mid-19th century onwards. The 1871Paris Commune, for example, declared:[23]
The submission of the children and the mother to the authority of the father, who prepares the submission of each one to the authority of the chief, is pronounced dead. The couple consents freely to seek common pleasure. The Commune proclaims freedom of birth: the right to sexual information from childhood, the right to abortion, the right to contraception. As the products cease to be the property of their parents. They live together in their home and run their own lives.
Undereugenics laws in Nazi Germany, abortion was severely punished for women considered to beAryan (racially superior). However, abortion was permitted on wider and more explicit grounds if the unborn child was believed to be deformed or disabled or if a termination otherwise was deemed desirable oneugenic or racial grounds, includingforced abortion on Polish and Jewish women.[26][27]
Abortion law became more liberalised in Eastern Europe in the 1950s after the installation of communist regimes across theEastern Bloc. The reintroduction of abortion in Soviet law in 1955[28] was accompanied by similar changes in:
After the fall of communism, most of Eastern Europe continued with liberal abortion laws except forPoland, where abortion is allowed only in cases of risk to the life or health of the pregnant woman or when the pregnancy is a result of rape or incest. Abortion in cases of an abnormality in an unborn child was ruled unconstitutional by theSupreme Court of Poland in 2020.[32]
While abortion is more widely available inHungary andSlovakia, theConstitution of Slovakia describes human life as "worthy of protection already before birth"[33] and theConstitution of Hungary states that "embryonic and foetal life shall be subject to protection from the moment of conception."[34]
A clinic in Sweden where unlawful abortions were performed during the 1930s.
Sweden was the first liberal democracy in Europe to legalise abortion, in 1938; this move was followed by the introduction of limited abortion laws in Denmark in 1939,[35] Finland in 1950,[36] and Norway in 1964. More liberal abortion laws were introduced inNorway in 1964,Finland in 1970, andDenmark andIceland in 1973.
Greenland has followed Denmark's liberal policy on abortion, and has at times experienced more abortions than live births taking place,[37] whereas the Faroe Islands have maintained a more conservative approach; the issue was transferred to the Faroese Parliament (Løgting) in 2018.[38]
TheParliament of Norway (Storting) legislated in 2015 that an unborn child is presumed to beviable at 21 weeks and 6 days unless there are specific reasons otherwise.[39] The law was clarified as survival after abortion was recorded in some cases at 22 or 23 weeks of gestation.[40]
TheAbortion Act 1967, in Great Britain, was the first major liberalisation of abortion law in Western Europe. English law had previously allowed for abortion on limited grounds under theInfant Life Preservation Act 1929 (also protecting the life of the pregnant woman) and from 1938 under theBourne judgment in cases where a pregnancy would result in a pregnant woman becoming a "mental and physical wreck".[41] Abortion continued to be limited to those grounds in Northern Ireland as the issue was devolved to theNorthern Ireland Parliament.[42]
'Yes to the child, trust, life, help, no to abortion', poster from Bavaria, 1987.
Abortion on request during the first 12 weeks of a pregnancy was permitted inEast Germany from 1972. The same policy was enacted inWest Germany in 1974 but was ruled unconstitutional in 1975 by theFederal Constitutional Court as it infringed on the right to life of the unborn child. A revised law, with restrictions on abortion, was introduced in 1976.
The court ruled that a "life developing in the mother's womb is under the protection of theConstitution as an independent legal interest" and that the "protective duty of the State prohibits not only direct governmental encroachments upon the developing life but, in addition, commands the State to adopt a protective and encouraging role in regard to this life." This obligation was balanced with the rights of the mother – therefore permitting abortion in certain circumstances – although with the protection of fetal life, in principle, taking precedence.[43]
The law onabortion in France was liberalised in 1975 and the changes in France and Germany were followed by similar changes in the law elsewhere in Europe:
TheEighth Amendment of theConstitution of Ireland, approved by referendum in 1983, and the subsequentProtection of Life During Pregnancy Act 2013 limited abortion to cases where the pregnant woman's life was endangered. The law on abortion changed significantly to a very liberal policy inIreland when, in 2018, the Eighth Amendment was repealed by a subsequent referendum. The resulting law allowed for abortion on request up to 12 weeks of pregnancy, and on more limited grounds at later stages.
Abortion in Northern Ireland was liberalised in 2019 and 2020, from being permitted in cases of "risk of real and serious adverse effect on ... physical or mental health, which is either long term or permanent" to being available on request up to 12 weeks and on further grounds later in pregnancy.[53]
Map showing the legality of abortion on request in Europe, based on available information in 2022.
Total ban or prohibited
Only available in cases of rape, incest or the health of the mother
Legal to term limit of:
10 weeks
11 weeks
12 weeks
13 weeks (3 months)
14 weeks
18 weeks (4 months)
20 weeks
24 weeks (5½ months)
12–28 weeks 12 weeks (or later if authorised) 10 weeks (or later if authorised) 12 weeks (elective procedure) Must be approved by committee
In most European nation-states and other territories, there is a legally defined term limit before which abortion is more available than afterwards.[56] An elective abortion before the term limit may, in some cases, be carried out on request without amedical indication by the pregnant woman, or under certain conditions.
The grounds on which abortion is, or is not, available vary according to differences in national laws, policies and practices, which may include:
circumstances in which abortion is allowed after the first trimester of a pregnancy;[57][58]
whether or not counselling or a waiting time (known asBedenkzeit in Germany) between the request and the requested termination is required;
availability and cost of medicines or equipment for the procedure;
levels of support or objection from medical and other healthcare professionals (for example, widespread conscientious objection in Italy);[59][60]
whether the parents of a girl requesting an abortion are required to give consent for (or be informed of) an abortion to end an under-age pregnancy.[61][59][62]
In countries and territories where abortion is more restricted, women regularly travel to neighbouring countries with more liberal laws. For example, almost 8,000 women from the island of Ireland travelled to England and Wales for abortions each year in the early 2000s; however, this number decreased, year on year, to around 4,000 in 2018, and to less than 1,000 per year following changes in the law in Ireland and Northern Ireland.[63] In theEuropean microstates ofAndorra,Liechtenstein, andMonaco there are heavy restrictions, with it being fully illegal in the first two.San Marino had similar restrictionsuntil 2022. Those seeking abortion must travel to other countries, although such travel is illegal for those in Andorra and Liechtenstein.[64]
At present, a 10-week term limit is accepted in law in countries which were formerly part ofYugoslavia, whereas the 12 to 13 week limits has been adopted in many middle European jurisdictions (including former republics of theSoviet Union and also most central European countries). Higher term limits are more common in the Western part of Europe and are in place inFrance (14 weeks), Spain,Sweden (18 weeks),Iceland (22 weeks), andthe Netherlands (24 weeks).[65]
Countries with no formal term limit in law include those with more restrictive laws andGreat Britain, which has a strongly liberal law and policy; almost 89% abortions in England and Wales in 2021 were undertaken before 10 weeks of gestation, 1 per cent after 20 weeks, and 0.1% after 24 weeks.[66] There are ongoing attempts to fully decriminalise abortion in Great Britain.[67]
Risk of severe deterioration in physical or mental health of pregnant woman
Risk of deterioration of the health of pregnant woman due to existing or potential physical or mental illness (or as a consequence of other conditions)
Danger that unborn child will be affected by serious physical or mental disorder
Pregnant woman considered incapable of giving proper care to child due to physical or mental disability
Pregnant woman considered incapable (for the time) of giving proper care to child due to her youth or immaturity
Pregnancy, childbirth or care of child considered to constitute a serious burden to pregnant woman (which cannot otherwise be averted)
Care of child after birth would be considerable strain for pregnant woman
Parent has medical condition that will cause difficulty in caring for child
Pregnancy as a result of sexual crime
Probable serious illness or disability in unborn child
Pregnant woman was under 17 years of age at conception
Pregnant woman was over 40 years of age at conception
Pregnant woman has previously given birth to four or more children
Up to 24 weeks:
Serious illness or disability in unborn child
Permission is needed from National Supervisory Authority for Welfare and Health (Valvira) for abortions on social grounds or related to serious illness or disability in unborn child.[85]
Available after 12 weeks on medical and social grounds not specified in law but defined by the Ministry of Labour, Health Care and Social Security.
Counselling is required before an abortion with a three-day waiting time. Parental consent for abortion is required in cases where a girl under 14 years of age is pregnant.[89]
Malformation in unborn child renders post-natal life impossible
Up to 12 weeks:
Severe danger to health of pregnant woman
Probable severe disability or other impairment in unborn child
Pregnancy as a result of criminal act
Severe crisis situation for pregnant woman
Up to 18 weeks on grounds for 12 weeks where:
Pregnant woman partly or fully incapacitated
Pregnant woman did not recognise pregnancy in time
Term limit lapsed due to failure of health institution or authority
Up to 20 weeks (and 24 weeks for delayed diagnoses):
Probability of malformation in unborn child is 50% or more[93]
TheConstitution of Hungary, adopted in 2011, protects "the life of the foetus ... from the moment of conception" in its right to life and human dignity.[94]
Serious threat to life of pregnant woman from pregnancy or childbirth
Diagnosis of pathological processes constituting serious threat to physical or mental health of pregnant woman (e.g. associated with serious abnormalities or malformations in unborn child)
Up to 90 days (12 weeks and 6 days):
Serious danger to physical or mental health of pregnant woman due to continuation of pregnancy, childbirth, or motherhood (in view of state of health, economic, social, or family circumstances, or the circumstances in which conception occurred). Page 2, §4,[98]
Probability of abnormalities or malformations in unborn child[99]
Up toviability defined as 24 weeks (22 weeks in practice) where a pregnant woman attests to a state of distress, to be jointly defined by her and a doctor.[111]
Double effect principle – saving the life of pregnant woman may have the unintended consequence of ending a pregnancy, as permitted under theItalian Penal Code in effect.[127]
TheAkrotiri and DhekeliaSovereign Base Areas of the United Kingdom on the island of Cyprus reflect theAbortion Act 1967 in policy with grounds allowing for aboriton in cases of risk to the life of the pregnant woman, grave permanent injury to her physical or mental health, risk of injury to her physical or mental health (or that of any existing children of the family) and disability in the unborn child; the law was codified in a military ordinance in 1974.[128]
TheFaroe Islands, as a self-governing region within theKingdom of Denmark, permits abortion on the limited grounds of risk to life, risk of harm to the pregnant woman's health, a high risk of a birth defect in the unborn child, or in cases where the pregnancy was caused by sexual crime.[129]
Gibraltar, as aBritish Overseas Territory, is self-governing in terms of abortion law and allows for the grounds of risk of injury to physical or mental health of the pregnant woman (up to 12 weeks of gestation), and risk to life, grave permanent injury, or a substantial risk of fatal foetal abnormality (life-limiting condition) in the unborn child at any stage.[130]
In Guernsey, abortion is permitted at any stage for an immediate risk to life, to prevent grave permanent injury, and on disability grounds. Up to 24 weeks, abortion is permitted on broad health grounds, where there would be a risk of injury to the physical or mental health of the pregnant woman or her existing children.[131]Guernsey legislation on the issue is also applicable inAlderney.[132]
The law inJersey is more liberal in early pregnancy, permitted abortion on request up to 12 weeks, but more limited thereafter. Disability-related grounds are limited to serious disabilities diagnosed before viability (at 24 weeks) and a risk to life or grave permanent injury are grounds throughout pregnancy.[133]
TheIsle of Man has a highly structured law which allows for 14-week term limit for abortion on request. From 14 weeks to 24 weeks, abortion is legal where the pregnancy was caused by sexual crime or involves serious social grounds for a termination, or substantial risks of serious injury to the woman's life or health, or that the unborn child would be disabled. From 24 week, grounds are limited to risk to life, grave long-term injury, and serious disabilities in the unborn child.[134]
Abortion law inNorthern Ireland was previously devolved to theNorthern Ireland Assembly but was liberalised by theUK Parliament in 2019 when the Assembly was suspended. The law currently allows for a 12-week term limit, in line with the rest of Ireland, and grounds for risk of injury to physical or mental health (up to 24 weeks), and risk to life, grave permanent injury, and disabilities at any stage.[135]
Social policy in these states may reflect laws introduced under a previous jurisdiction or by a protecting power which guarantees the security of the territory. Laws inKosovo derive from Yugoslav law with a 10-week term limit for abortion on request[136] andNorthern Cyprus has adopted the same policy, although this follows the approach taken in Turkey which solely recognises it as a jurisdiction.
^Depierri, Kate P. (March 1968). "One Way of Unearthing the Past".The American Journal of Nursing.68 (3). Lippincott Williams &:521–524.doi:10.2307/3453443.JSTOR3453443.PMID4865614.
^"(The matter of the Creation of) a human being is put together in the womb of the mother in 40 days(some say 120), and then he becomes a clot of thick blood for a similar period, and then a piece of flesh for a similar period. Then Allah sends an angel who is ordered to write four things...then the soul is breathed into him" Sahih al-Bukhari,4:54:430
^Avdeev, Alexandre; Blum, Alain; Troitskaya, Irina (1995). "The History of Abortion Statistics in Russia and the USSR from 1900 to 1991".Population: An English Selection.7:39–66.ISSN1169-1018.JSTOR2949057.
^Stites, Richard (1991).The women's liberation movement in Russia: feminism, nihilism, and bolshevism, 1860-1930. Princeton University Press.ISBN0-691-10058-6.OCLC1061494860.
^Kligman, Gail. "Political Demography: The Banning of Abortion in Ceausescu's Romania". In Ginsburg, Faye D.; Rapp, Rayna, eds.Conceiving the New World Order: The Global Politics of Reproduction. Berkeley, CA: University of California Press, 1995 :234-255. Unique Identifier : AIDSLINE KIE/49442.
^TheGovernment of Ireland Act 1920 transferred matters of criminal law to Northern Ireland, governed by the socially conservativeUlster Unionist Party until 1972, and Southern Ireland which subsequently became the independent theRepublic of Ireland under Catholic influence. TheUK Parliament decided not to impose changes in abortion law but proceeded with liberalisation in 2019 when the locally-electedNorthern Ireland Assembly was not operating.
^"Article 34: Relations between Parliament and the Government".Constitution of France. Government of France. 10 March 2024. Retrieved29 June 2024.La loi détermine les conditions dans lesquelles s'exerce la liberté garantie à la femme d'avoir recours à une interruption volontaire de grossesse.
^"Country Profile: Georgia".Global Abortion Policies Database. World Health Organization. 15 December 2023. Retrieved16 August 2024.
^Legislation in Scotland is equivalent to England and Wales but devolved toScottish Parliament. See further detail on Northern Ireland, Crown Dependencies and other territories below
^Defined as the point in a pregnancy at which, in the reasonable opinion of a medical practitioner, the unborn child is capable of survival outside the uterus without extraordinary life-sustaining measures (Health (Regulation of Termination of Pregnancy) Act 2018, Part 2, clause 8).
^Defined as the point in a pregnancy at which "the foetus is capable of living outside the uterus according to current medical practices" (Criminal Code, Article 243B)