Abortion in Europe: Laws and Restrictions
Abortion laws across European Union countries vary significantly, reflecting the cultural, religious, and political contexts of each state. Here’s where abortion is permitted, restricted, or subject to court rulings.
Legal Landscape in the EU
Abortion legislation in the EU ranges from full prohibition to broad legalization with varying time limits and conditions. In countries with strict laws, courts often play a regulatory role.
Where Abortion is Legal
In most EU countries, abortion is allowed in early stages of pregnancy, typically up to 12 weeks. This includes Germany, France, Italy, Denmark, Finland, Romania, and others.
The United Kingdom (England and Wales) allows abortions up to 24 weeks with approval from two doctors. In 2025, a new amendment decriminalized abortions after 24 weeks, removing criminal liability for women who undergo late-term procedures.
In March 2024, France became the first country in the world to enshrine the right to abortion in its Constitution, guaranteeing it as a fundamental right for women.
Where Abortion is Restricted or Banned
Poland has one of the strictest abortion laws in the EU: abortion is only permitted in cases of threat to the woman’s life or health, or when pregnancy results from rape or incest. In 2020, Poland’s Constitutional Tribunal banned abortions due to severe fetal defects, prompting mass protests and EU criticism.
Malta bans abortion completely, with no exceptions.
Other microstates like Andorra, San Marino, and Monaco only allow abortion when the woman’s life is at risk.
Abortion in Spain and Portugal
In Spain, abortion is legal up to 14 weeks, extended from 12 under a 2024 reform. Girls under 16 require parental consent, while those 16 and older do not. The new law also ensures confidentiality and mandates a registry of doctors who refuse to perform abortions for moral reasons to guarantee access in public clinics.
Spain introduced paid “menstrual leave” in 2023 for women with painful periods, and provides free menstrual hygiene products in some institutions. The Constitutional Court ruled that abortion is allowed up to 22 weeks if there is a health risk to the woman.
In Portugal, proposals to extend the legal abortion period were debated in January 2025 but ultimately rejected. This decision was supported by the Permanent Council of the Portuguese Episcopal Conference, reflecting ongoing restrictions and a conservative stance.
The Role of Courts in Abortion Decisions
In Poland, the Constitutional Tribunal plays a major role in determining abortion legality. The 2020 ruling banning abortions for fetal defects significantly tightened the law.
In other EU countries, courts may intervene in individual cases, especially when ethical or medical questions arise, but most countries regulate abortion clearly through legislation.
In the UK and France, court involvement is minimal due to liberal and well-established legal frameworks.
Summary of the Situation in the EU
- Most countries allow abortion during the early stages (up to 12 weeks) with some exceptions.
- France is the first country to constitutionally guarantee the right to abortion.
- Poland and Malta have strict bans or allow abortion only under exceptional circumstances.
- Courts, especially in Poland, play a key role in interpreting abortion laws.
- The European Parliament urges recognition of abortion as a fundamental human right and calls for decriminalization in restrictive countries, but unanimous support from all EU member states is currently unlikely.
See ok The Surprising: Rules of Life in Poland
