The German government is considering decriminalizing abortion

An independent expert commission submitted a review to the German government recommending the abolition of penalties for abortions in the first months of pregnancy.

Now in Germany, women are required to undergo a preliminary consultation before terminating a pregnancy. Abortion is possible after rape and in the presence of certain medical conditions, but in other cases the Criminal Code provides for a fine or imprisonment of up to three years. In this case, the punishment usually does not go beyond a small monetary fine.

Measures to decriminalize abortion have been discussed in Germany for a week. The reason for the discussion was the proposal of the European Parliament to include abortion in the register of fundamental human rights.

“In the early stages of pregnancy, legislation should allow abortion with the woman’s consent,” the interdisciplinary commission concluded. The abortion can be performed immediately at any nearby medical facility.

At the same time, the commission believes that abortion should remain prohibited from the beginning of the survival of the fetus outside the mother’s body. This condition should not apply to termination of pregnancy after rape or for medical reasons.

The Commission also recognized egg donation as fundamentally permissible. It is still prohibited in Germany.

However, rapid changes in legislation in Germany are not expected. The expert report should be the basis for the debate that the public and policy makers should have. This was stated by the deputy head of the government press service, Christiane Hoffmann. She drew attention to the need for long discussions, since we are talking about a very sensitive topic that deeply affects the personal sphere.

Coalition ministers have left open the question of whether new legislation can be expected during the current election period, until September 2025. This requires a broad public and parliamentary consensus, emphasized Health Minister Karl Lauterbach. Justice Minister Marco Buschmann said the expert review needed to be thoroughly examined.

The Central Committee of German Catholics opposed the decriminalization of abortion. The opposition conservative faction CDU/CSU has threatened legal action in the Constitutional Court if the government abolishes the existing punishment for abortions in the first 12 weeks.

At the pan-European level, the issue of the absence of criminal penalties for abortion in the foreseeable future, in all likelihood, will not be resolved. This requires the consent of all 27 EU countries, including those where conservatives are in power.