Review of Abortion Law in Scotland Expert Group: report
A report prepared by an Expert Group commissioned by the Scottish Government to review the law on abortion in Scotland.
Annex B
International Examples
Gestational Limits and Grounds
Jurisdiction
South Australia
Gestational Limits and Grounds for Abortion
- Not more than 22 weeks and 6 days pregnant
No requirement for any grounds to be met for patients under 22 weeks and 6 days.
- More than 22 days and 6 weeks pregnant
Section 6 of the Termination of Pregnancy Act 2021 requires that (except in an emergency) two medical practitioners are of the view that:
I. the termination is necessary to save the life of the pregnant person or save another foetus; or
II. the continuance of the pregnancy would involve significant risk of injury to the physical or mental health of the pregnant person; or
III. there is a case, or significant risk, of serious foetal anomalies associated with the pregnancy.
A medical practitioner must consider all relevant medical circumstances, and professional standards that apply to the medical practitioner in relation to the performance of the termination. Section 9 of the Termination of Pregnancy Act 2021 sets out mandatory considerations for medical practitioners performing terminations after 22 weeks and 6 days.
The Act states that one medical practitioner may perform a termination on a person who is over 22 weeks and 6 days gestation in any circumstances in an “emergency”.
An abortion may be performed on request (without needing to meet any grounds)
Only a medical practitioner (the primary practitioner) is authorised to perform an abortion on a patient who is more than 23 weeks pregnant. The primary practitioner must consider whether performing the abortion is appropriate in all circumstances.
In making a determination, the primary practitioner must take into account:
- all relevant medical circumstances
- current and future physical, psychological and social circumstances
- professional standards and guidelines commonly accepted by members of the medical profession in relation to the performance of the abortion.
The primary practitioner must also consult with at least one other medical practitioner who, having also taken into account the above considerations, reasonably believes that performing the abortion is appropriate in all the circumstances.
Legislation
Termination of Pregnancy Act 2021
Jurisdiction
New Zealand
Gestational Limits and Grounds for Abortion
- Before 20 Weeks
There are no clinical or statutory requirements for an abortion before 20 weeks’ gestation - a qualified health practitioner can provide abortion services to a person who is not more than 20 weeks pregnant without needing clinical or any other evidence of appropriateness.
- After 20 Weeks
Statutory clinical requirements require to be met after 20 weeks’ gestation - a qualified health practitioner may provide abortion services to an individual who is more than 20 weeks pregnant if they reasonably believe that the abortion is clinically appropriate in the circumstances. In considering whether the abortion is clinically appropriate in the circumstances, the qualified health practitioner must:
- consult at least one other qualified health practitioner
- have regard to:
- all relevant legal, professional and ethical standards to which the qualified health practitioner is subject
- the person’s physical health, mental health and overall wellbeing
- the gestational age of the fetus.
Legislation
Abortion Legislation Act 2020 No 6, Public Act Contents – New Zealand Legislation
Jurisdiction
Northern Ireland
Gestational Limits and Grounds for Abortion
- Up to 12 weeks
no grounds required
- Beyond 12 weeks and not exceeding 24 weeks
Two medical professionals must form an opinion in good faith that a pregnancy has not exceeded its 24th week; and continuance of the pregnancy would involve risk of injury to the physical or mental health of the pregnant person which is greater than if the pregnancy is terminated.
- Beyond 24 weeks
Where a registered medical professional is of the opinion that the termination is immediately necessary to save the life, or prevent grave permanent injury to the physical or mental health of the pregnant person;
Where two registered medical professionals are of the opinion that the termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman, or the continuance of the pregnancy would involve risk to the life of the pregnant woman which is greater than if the pregnancy were terminated;
Where two medical professionals are of the opinion that there is a substantial risk that the condition of the fetus is such that it is likely to die before, during or shortly after birth; if the fetus was to be born alive, it would suffer such physical or mental impairment to be seriously disabled.
Legislation
The Abortion (Northern Ireland) Regulations 2020 (legislation.gov.uk)
Jurisdiction
Australian Capital Territory
Gestational Limits and Grounds for Abortion
- All gestations
Abortion is lawful upon request from the patient at any gestational stage. Decisions regarding whether an abortion can be performed, the financial cost to the patient and the type of abortion available, is dependent on the patient’s gestation and consultation with medical practitioners, who are regulated by health laws and their governing bodies.
Legislation
No specific Abortion law
Jurisdiction
Canada
Gestational Limits and Grounds for Abortion
- All gestations
Abortion services are subject to provincial healthcare regulatory rules and guidelines for physicians. No province offers abortion ‘on request’ beyond 24 weeks and some provinces only provide services up to 12 weeks, requiring patients to travel at later gestations. Since Canada has no legislation on abortion services, any termination required after 24 weeks is left to the discretion of the medical professional and the patient.
Legislation
No specific Abortion law
Jurisdiction
France
Gestational Limits and Grounds for Abortion
- Up to 14 Weeks
In France, abortion can be performed up to the end of the 14th week of pregnancy Abortion is performed on request.
The revised Article 34 of the constitution therefore provides a right to abortion, but only within the terms of the law.
Legislation
Are there any conditions for abortion? | ivg.gouv.fr
Jurisdiction
Germany
Gestational Limits and Grounds for Abortion
- Up to 12 Weeks
A pregnant woman requesting an abortion under 12 weeks of pregnancy will not be liable under Section 218 if she has undergone mandatory counselling at least three days before getting the abortion with a recognised pregnancy conflict counselling agency.
Abortion is permitted under 12 weeks gestation if the pregnancy was the result of sexual violence, such as rape.
- All gestations
Abortion is always allowed, regardless of the stage of the pregnancy, if it is medically necessary to ensure the pregnant woman’s physical or mental health.
Legislation
German Criminal Code (Strafgesetzbuch – StGB)
Jurisdiction
Republic of Ireland
Gestational Limits and Grounds for Abortion
- Up to 12 weeks
No grounds subject to an examination by a medical practitioner
- Over 12 weeks
A termination of pregnancy may be carried out in exceptional circumstances, including risk to life/or serious harm of the pregnant person. Terminations under this ground can only happen before the fetus has reached ‘viability’ unless there is an immediate risk to the life, or of serious harm to the health, of the pregnant woman and an abortion is needed urgently to avert that risk.
Abortions are also allowed over 12 weeks in the case of fetal anomaly that is likely to lead to the death of fetus either before, or within 28 days of, birth.
Terminating a pregnancy when the foetus is affected by a non-fatal condition is only lawful in Ireland in the first 12 weeks
Legislation
Health (Regulation of Termination of Pregnancy) Act 2018
United States
The U.S. Supreme Court’s decision in Roe v. Wade guaranteed the constitutional right to have an abortion in the U.S . The Supreme Court has now overturned Roe v. Wade with their decision in Dobbs v. Jackson Women’s Health Organization . Roe being overturned means the constitutional right that was in place has been removed, and the states are no longer limited in what kinds of abortion restrictions they can pass. Some states have legal protections in place that will ensure that abortion remains legal there. Other states have banned or severely restricted abortion.
A full guide to abortion laws in the United States can be found here: State by State Guides to Abortion | U.S. Abortion Laws by Location (abortionfinder.org)
State
Alaska
Abortion Law
Abortion is legal at all stages of pregnancy in Alaska, and there are no specific grounds required to obtain an abortion.
Legal Reference
None
State
Colorado
Abortion Law
Abortion in Colorado is legal at all stages of pregnancy and in 2022, the Reproductive Health Equity Act was signed, which guarantees access to reproductive care and affirms the rights of pregnant women to continue or terminate a pregnancy. There are no specific term restrictions, meaning later stage abortion is permitted.
Legal Reference
Reproductive Health Equity Act | Colorado General Assembly
State
New Jersey
Abortion Law
New Jersey does not impose any gestational limits on abortion, meaning abortion is legal at all stages of pregnancy and there are no grounds required for abortion in New Jersey.
Legal Reference
State
New Mexico
Abortion Law
New Mexico does not impose any gestational limits on abortion, meaning abortion is legal at all stages of pregnancy and there are no grounds required for abortion in New Mexico.
Legal Reference
Reproductive and Gender-Affirming Health Care Freedom Act 2023
State
Oregon
Abortion Law
Oregon has no gestational limits or grounds required for abortion.
Legal Reference
OR HB2002 | 2023 | Regular Session | LegiScan
State
Vermont
Abortion Law
Abortion in Vermont is legal at all stages of pregnancy with no gestational limits or grounds required.
Legal Reference
Constitution of the State of Vermont | Chapter 1, Article 22
State
Washington DC (District of Colombia)
Abortion Law
Abortion is legal in Washington DC at all stages of pregnancy and has some of the least restrictive laws in the United States,
There are no specific restrictions on later stage abortions and the decision to perform a later stage abortion is a choice made between the pregnant person and their healthcare provider. As such, there are also no grounds required to have an abortion.
Legal Reference
Pathways
Where and Who can provide abortions
Jurisdiction
Australian Capital Territory
Legislation
Health Act 1993 and Regulation made under it
Where can abortions be provided
No restrictions on medical abortions. Surgical abortions to be provided in an approved medical facility, which is a place approved by the Health Minister.
Who can provide abortions
Medical abortion: doctor, nurse practitioner or other person
prescribed by Regulation. “Authorised midwives” have been prescribed by Regulation.
Surgical abortion: doctor.
No requirement for dual sign-off.
Note that medical abortion is available in practice up to 9 weeks’ gestation.
Jurisdiction
South Australia
Legislation
Termination of Pregnancy Act 2021
Where can abortions be provided
Where an abortion is provided at more than 22 weeks and 6 days gestation, an abortion must be provided at a prescribed hospital.
Prescribed hospitals are set out in the Termination of Pregnancy Regulations 2022.
Who can provide abortions
Medical abortion: any registered health practitioner acting in the ordinary course of the practitioner's profession, provided they are authorised to prescribe the abortion drugs under section 18 of the Controlled Substances Act 1984. Pharmacists can dispense abortion drugs.
A medical practitioner acting in the ordinary course of the practitioner's profession can provide an abortion on a person who is not more than 22 weeks and 6 days pregnant.
Where a person is more than 22 weeks and 6 days pregnant, a medical practitioner can provide an abortion provided they comply with the requirements of section 6 of the Termination of Pregnancy Act 2021.
A registered health practitioner may assist in an abortion.
Jurisdiction
Western Australia
Legislation
Abortion Legislation Reform Act 2023, which amended the Public Health Act 2016
Where can abortions be provided
No legislative requirements or restrictions.
Who can provide abortions
A medical practitioner is authorised to perform an abortion on a person who is not more than 23 weeks pregnant.
A prescribing practitioner may also provide an abortion (by prescribing, supplying or administering an abortion drug) up to 23 weeks’ gestation. A “prescribing practitioner” means a person who is a member of a class of registered health practitioners that — (a) is authorised under the Medicines and Poisons Act 2014 to prescribe an abortion drug; and (b) is prescribed by the regulations for the purposes of this definition. We understand that this currently includes nurse practitioners or endorsed midwives but only up to 9 weeks’ gestation.
A medical practitioner can provide an abortion after 23 weeks if — (a) after having regard to the matters referred to in subsection (2), they reasonably believe that performing the abortion is appropriate in all the circumstances; and (b) they have consulted with at least 1 other medical practitioner who, after having regard to the matters referred to in subsection (2), also reasonably believes that performing the abortion is appropriate in all the circumstances
The matters in subsection (2) are:
(a) all relevant medical circumstances;
(b) the person’s current and future physical, psychological and social circumstances; and (c) the professional standards and guidelines commonly accepted by members of the medical profession that apply to the medical practitioner in relation to the performance of the abortion.
The practitioner may take other factors into account too.
A medical practitioner can perform an abortion after 23 weeks gestation in order to save the pregnant person’s life, without meeting the above requirements.
A pharmacist can dispense or supply abortion drugs in accordance with a prescription by a “directing practitioner”.
A registered health practitioner in a relevant health profession (other than pharmacy) can perform an by supplying or administering an abortion drug provided it is under the direction of a directing practitioner.
A directing practitioner means—
(a) in relation to the performance of an abortion on a person who is not more than 23 weeks pregnant — a medical practitioner or prescribing practitioner; and
(b) in relation to the performance of an abortion on a person who is more than 23 weeks pregnant — a medical practitioner.
A registered health practitioner can assist with providing an abortion.
Jurisdiction
Canada (all provinces and territories)
Legislation
None.
Abortion services are subject to provincial / territorial healthcare rules and guidelines for physicians.
Where can abortions be provided
Some information is available from the Canada Public Health Agency: Abortion in Canada - Canada.ca
Who can provide abortions
No Data
Jurisdiction
France
Legislation
Public Health Code, a codification of public health laws, including on abortion.
There has been legislation passed that supports the right to abortion[249].
Where can abortions be provided
Medical abortion: hospital or other clinic, private clinic, sexual health clinic or health centre.
Surgical abortion: hospital or other clinic, certain authorised health centres.
For more information see: ivg.gouv.fr
Who can provide abortions
Medical abortion: doctor or midwife.
Surgical abortion: doctor or midwife.
Jurisdiction
Germany
Legislation
Section 218a [250]of the German Criminal Code (StGB)
Where can abortions be provided
No data
Who can provide abortions
A physician.
Jurisdiction
New Zealand
Legislation
Abortion Legislation Act 2020 No. 6
Where can abortions be provided
No Data
Who can provide abortions
Treatment must be provided by a qualified health practitioner (defined in the Health Practitioners Competence Assurance Act 2003 as a person who is, or deemed to be, registered with an authority as a practitioner of a particular health profession and who is acting in accordance with that Act)
One other qualified health practitioner must be consulted in cases where the pregnancy is over 20 weeks
Jurisdiction
Northern Ireland
Legislation
Section 9 of the Northern Ireland (Executive Formation etc) Act 2019
Abortion (Northern Ireland) (no2) Regulations 2020
Abortion (Northern Ireland) Regulations 2021 and 2022
Where can abortions be provided
Medical and surgical at: a Health and Social Care (HSC) hospital; a clinic provided by a HSC trust for the purpose of carrying out abortion services (whether or not the clinic also provides other services); a premises used to provide primary medical services in accordance with arrangements under the Health and Personal Social Services (Northern Ireland) Order 1972 or at premises approved by the NI Department of Health
early medical abortion at home (EMAH) in certain circumstances.
Who can provide abortions
Registered medical professionals may perform terminations
"registered medical professional" means—
(a) a registered medical practitioner;
(b) a registered midwife;
(c) a registered nurse;
Terminations up to 12 weeks – 1 RMP
Terminations up to 24 weeks – risk of injury to physical or mental health of the woman – certification by 2 RMPs
No gestational limits – where immediate necessity – 1RMP
No gestational limit – risk to life/ grave permanent injury – certified by 2 RMPs
No gestational limit – fetal abnormality or death of fetus likely before, during or shortly after birth – 1 RMP
Abortion Requirements
Jurisdiction
Australian Capital Territory
Legislation
Health Act 1993 and Regulation made under it
Pre-abortion requirements
None
Post-abortion requirements
None
Reporting requirements
None in legislation.
Jurisdiction
South Australia
Legislation
Termination of Pregnancy Act 2021
Pre-abortion requirements
Except in an emergency, before performing a termination on a person, a registered health practitioner must provide all necessary information to the person about access to counselling, including publicly-funded counselling
Post-abortion requirements
None
Reporting requirements
An annual report is to be provided to Ministers each year, which is then to be laid in Parliament.
The report must contain:
(a) information in relation to each termination performed in the calendar year which must include the age of the pregnant person and the gestational age of the foetus at the time of the termination; and
(b) other information set out in regulations.
The Termination of Pregnancy Regulations 2022 require the following information to also be provided in the report:
(a) the number of terminations;
(b) the number of terminations that result in complications or adverse outcomes for the pregnant person;
(c) the different methods of terminations used and the number of terminations performed using each method;
(d) for a terminations after 22 weeks and 6 days —the circumstances under section 6(1) of the Act relating to the performance of the termination;
(e) the locations in the State of terminations performed and the regions of the State in which the persons ordinarily reside.
The 2022 Regulations also require hospitals and private day procedure centres to provide the numerous data on the patient, treatment and other data to the Department of Health (see Schedule 2 of the 2022 Regulations).
Jurisdiction
Western Australia
Legislation
Abortion Legislation Reform Act 2023, which amended the Public Health Act 2016
Pre-abortion requirements
None
Post-abortion requirements
The requirement for mandatory counselling was removed with effect from March 2024.
A statewide abortion care helpline is available[251].
Reporting requirements
The Public Health Act 2016 enables the Chief Health Officer to direct people (e.g. hospitals) to provide certain demographic or clinic information about abortions. The information can only be statistical or summary information and must not be capable of identifying individuals.
As at March 2024, the data to be provided by direction is as follows([252]):
- date of abortion
- age range of patient
- region of residence
- gestation
- reason for abortion (choice of 3 categories)
- method (medical or surgical)
- who submitted the notification
- category of abortion service provider (e.g. GP, public hospital, etc).
The Act sets out the purposes for which the data collected may be used.
Jurisdiction
Canada (all provinces and territories)
Legislation
None.
Abortion services are subject to provincial / territorial healthcare rules and guidelines for physicians.
Pre-abortion requirements
None
Post-abortion requirements
None
Reporting requirements
None
Jurisdiction
France
Legislation
Public Health Code, a codification of public health laws, including on abortion.
There has been legislation passed that supports the right to abortion[253].
Pre-abortion requirements
At an appointment (or two separate appointments) with a doctor or midwife, the patient must be given the opportunity to ask questions and be given information on their options, and then to confirm their choice.
Minor must attend a psycho-social consultation between getting the relevant information and making a decision. Such an appointment is optional for adults.
A mandatory reflection period before making a decision has been abolished.
Post-abortion requirements
None
Reporting requirements
None
Jurisdiction
Germany
Legislation
Section 218a[254] of the German Criminal Code (StGB)
Pre-abortion requirements
Counselling three days prior to the procedure, provided by a physician (who is not the one performing the abortion) and evidenced (sections 218a and 218b).
Where the abortion results from rape of the pregnant person, there are specific counselling requirements in section 219 of the German Criminal Code:
Post-abortion requirements
None
Reporting requirements
None
Jurisdiction
New Zealand
Legislation
Abortion Legislation Act 2020 No. 6
Pre-abortion requirements
A health practitioner must advise a woman of the availability of counselling services if the woman—
- (a) seeks advice or information about whether to continue or terminate a pregnancy; or
- (b) advises the health practitioner of the wish to terminate a pregnancy; or
- (c) has terminated a pregnancy.
(2)
A qualified health practitioner may not, as a condition of providing abortion services to a woman, require the woman to attend counselling before or after the provision of those services.
Post-abortion requirements
None
Reporting requirements
The Director-General of Health (DG) must:
Collect, collate, analyse, and publish information about the provision of:
Abortion services in New Zealand; and
Counselling services in relation to, or in connection with, the provision of abortion services; and
Develop and publish standards for the services described in (a).
Abortion providers must notify the DG after the following services are provided by or through the provider:
A surgical abortion; or
A medicine is prescribed or administered for the purpose of inducing an abortion.
Notifications must include, in relation to the provision of the services referred to above:
The information specified in Schedule 238; and
Such other information the DG may require.
In no case may the information provided under this provision include the name of the woman who the abortion service was provided.
Notifications must be given:
Not later than 1 month after the provision of the abortion service; and
In the form or manner required by the DG.
Jurisdiction
Northern Ireland
Legislation
Section 9 of the Northern Ireland (Executive Formation etc) Act 2019
Abortion (Northern Ireland) (no2) Regulations 2020
Abortion (Northern Ireland) Regulations 2021 and 2022
Pre-abortion requirements
Certification requirements that the grounds have been met by the RMP or RMPs Captain
Post-abortion requirements
None
Reporting requirements
Notification to CMO
A registered medical professional who terminates a pregnancy must give to the Chief Medical Officer of the Department of Health:
a. Notice of the termination; and
b. Such other information relating to the termination as is specified in the Schedule to the Regulation.
The notice and information must be given:
a. Within 14 days beginning with:
i. In a case where the termination is treatment with mifepristone, the date of that treatment; or
ii. In all other cases, the date on which the termination occurred; and
iii. In a sealed envelope or by email.
Conscientious Objection
Jurisdiction
Australian Capital Territory
Legislation
Health Act 1993 and Regulation made under it
Conscientious Objection
A doctor, nurse, nurse practitioner or other prescribed person (authorised midwife) may, on religious or other conscientious grounds refuse to provide any of the following services: (a) prescribe, supply or administer an abortifacient; (b) carry out or assist in carrying out a surgical abortion.
Conscientious objection is not available where a surgical abortion is required to save the life of a pregnant person, or where treatment is required in consequence of having an abortion.
If conscientiously objecting, the healthcare practitioner must inform the patient of that and either provide details of a healthcare professional or facility that they reasonably believe will provide the abortion service (without conscientiously objecting) or transfer the patient’s care to that person/facility.
Jurisdiction
South Australia
Legislation
Termination of Pregnancy Act 2021
Conscientious Objection
Conscientious objection is available to a registered health practitioner who is asked to perform, assist or advise on a termination or to make a decision on whether a should be performed.
The practitioner must inform the patient of their conscientious objection as soon as practicable.
If the practitioner is asked to perform a termination or to advise the performance of a termination, the practitioner must, without delay— (a) give information to the person on how to locate or contact a medical practitioner who, in the first practitioner's reasonable belief, does not have a conscientious objection to the performance of the termination; or (b) transfer the person's care to— (i) another registered health practitioner who, in the first practitioner's reasonable belief, can provide the requested service and does not have a conscientious objection to the performance of the termination; or (ii) a health service provider at which, in the first practitioner's reasonable belief, the requested service can be provided by another registered health practitioner who does not have a conscientious objection to the performance of the termination.
Jurisdiction
Western Australia
Legislation
Abortion Legislation Reform Act 2023, which amended the Public Health Act 2016
Conscientious Objection
Except in an emergency, a registered health practitioner (who has a conscientious objection to abortion has the right to refuse to do any of the following —
(a) perform an abortion on a person;
(b) assist in the performance of an abortion on a person;
(c) make a decision about the appropriateness of an abortion after 23 weeks’ gestation;
(d) advise a person about the performance of an abortion on the person or another person.
The practitioner must inform the person of their conscientious objection immediately.
In the case of (a), (c), or (d), the practitioner must without delay transfer the patient’s care to another registered health practitioner who, or another health facility which, in the refusing practitioner’s reasonable belief, can provide the requested service; or immediately give the patient information, approved by the Chief Health Officer about how to locate or contact such a registered health practitioner or a facility.
Students have a right to conscientiously object to assisting with the performance of an abortion.
Jurisdiction
Canada (all provinces and territories)
Legislation
None.
Abortion services are subject to provincial / territorial healthcare rules and guidelines for physicians.
Conscientious Objection
None
Jurisdiction
France
Legislation
Public Health Code, a codification of public health laws, including on abortion.
There has been legislation passed that supports the right to abortion[255].
Conscientious Objection
A doctor is not obliged to perform an abortion but if they refuse to do so, they must inform the patient without delay and provide the name of practitioners/clinics who can provide the treatment. (Article L2212-8 and Article R4127-18 CSP)
The general right of doctors to refuse to provide treatment is subject to the exception of when treatment is required in an emergency.
Jurisdiction
Germany
Legislation
Section 218a [256]of the German Criminal Code (StGB)
Conscientious Objection
None
Jurisdiction
New Zealand
Legislation
Abortion Legislation Act 2020 No. 6
Conscientious Objection
Section 14 of the 2020 Act - conscientious objection in terms of the provision or assistance in the provision of contraception, sterilisation, abortion and information or advisory services about whether to continue or terminate a pregnancy.
If the medical professional has a conscientious objection to providing, or assisting with providing an abortion, they must tell the patient at the earliest opportunity and give the patient details on how to access the contact details of another medical professional who is the closest provider (taking into consideration of the physical distance between the providers; the date and time that the patient makes the request; and the operating hours of the provider) of the service requested
It does not override a practitioner’s duty to provide prompt and appropriate medical assistance to any person in an emergency
Jurisdiction
Northern Ireland
Legislation
Section 9 of the Northern Ireland (Executive Formation etc) Act 2019
Abortion (Northern Ireland) (no2) Regulations 2020
Abortion (Northern Ireland) Regulations 2021 and 2022
Conscientious Objection
A person is not under a duty to participate in any treatment as set out in the regulations if they have a conscientious objection.
The regulations provide that that does not affect any duty to provide or assist in treatment which is necessary to save the life, or to prevent grave permanent injury to the physical or mental health, of the pregnant person.
Offences
Jurisdiction
Germany
Offence
Termination of pregnancy outside the legal exemptions set out in section 218a StGB.
Exceptions
set out in section 218a StGB of the German Criminal Code
Penalty
Up to three years of imprisonment or a fine for the person performing the abortion. (Section 218(1) StGB)
In especially serious cases, such as where the offender acts against the will of the pregnant woman or places the pregnant woman in danger of death or at risk of serious damage to health: Six months to five years of imprisonment. (Section 218(2) StGB)
If performed by the pregnant woman herself: Up to one year of imprisonment or a fine. (Section 218(3) StGB)
Legal Reference
Illegal Abortion (Section 218 StGB)
Jurisdiction
Germany
Offence
Whoever terminates a pregnancy in the cases under section 218a (2) or (3) without having received the written determination of a physician who is not performing the termination as to whether the conditions of section 218a (2) or (3) were met incurs a penalty, unless the act is subject to a penalty under section 218.
Whoever, in the capacity as a physician, despite knowing better, makes an incorrect determination as to the conditions of section 218a (2) or (3) for presentation in accordance with sentence 1 incurs a penalty, unless the act is subject to a penalty under section 218.
Exceptions
No exceptions noted
Penalty
Up to one year of imprisonment or a fine for the first offence above. (Section 218b(1) StGB)
Up to two years of imprisonment or a fine for the second offence above. (Section 218b(1) StGB)
The pregnant woman is not punishable. (Section 218b(1) StGB)
Legal Reference
Abortion Without Proper Medical Certification (Section 218b StGB)
Jurisdiction
Germany
Offence
Whoever terminates a pregnancy…
1. without having given the woman the opportunity to explain the reasons for requesting that the pregnancy be terminated,
2. without having given the pregnant woman medical advice about the significance of the procedure, in particular about the steps in the procedure, its after-effects, risks and possible physical or psychological consequences,
3. in the cases under section 218a (1) and (3) without having previously determined, on the basis of a medical examination, the length of the pregnancy or
4. despite having counselled the woman in accordance with section 219 in a case under section 218a (1)
…incurs a penalty, unless the act is subject to a penalty under section 218.
Exceptions
The pregnant woman does not incur a penalty. (Section 218c(2) StGB)
Penalty
Up to one year of imprisonment or a fine. (Section 218c(1) StGB)
Legal Reference
Breach of Medical Duties in connection with abortion (Section 218c StGB)
Jurisdiction
Germany
Offence
Putting on the market means or objects which are suited to terminating a pregnancy, with the intention of encouraging unlawful acts under section 218.
Exceptions
A woman obtaining substances for her own abortion is not punishable. (Section 219b(2) StGB)
Penalty
Up to two years of imprisonment or a fine. (Section 219b(1) StGB)
Means or objects relating to the offence may be confiscated. (Section 219b(3) StGB)
Legal Reference
Putting on market of substances used in abortion (Section 219b StGB)
Jurisdiction
France
Offence
Performing an abortion without the consent of the pregnant person.
Exceptions
No exceptions noted
Penalty
Five years of imprisonment and a €75,000 fine.
Legal Reference
Article L2222-1 of the Public Health Code, referring to Article 223-10 of the Criminal Code.
Jurisdiction
France
Offence
Performing an abortion under the following circumstances:
1. After the maximum gestation period for an abortion, except for medical reasons.
2. By a person who is not a doctor or midwife.
3. In a location/premises that do not meet legal requirements.
Exceptions
No exceptions noted
Penalty
Two years of imprisonment and a €30,000 fine.
Aggravated Penalty: If the offence is committed habitually, the penalty increases to five years of imprisonment and a €75,000 fine.
Attempts to commit the offence receive the same penalties.
Legal Reference
Article L2222-2 of the Public Health Code.
Jurisdiction
France
Offence
Performing an abortion following prenatal diagnosis without complying with procedures set down in law.
Exceptions
No exceptions noted
Penalty
Two years of imprisonment and a €30,000 fine.
Legal Reference
Article L2222-2 of the Public Health Code.
Jurisdiction
France
Offence
Supplying a pregnant person with the means to induce their own abortion.
Exceptions
The pregnant person is not considered an accomplice.
Penalty
Three years of imprisonment and a €45,000 fine.
Aggravated Penalty: If committed habitually, the penalty increases to five years of imprisonment and a €75,000 fine.
Legal Reference
Article L2222-2 of the Public Health Code.
Jurisdiction
Northern Ireland
Offence
A person who, by any means, intentionally terminates or procures the termination of the pregnancy of a woman otherwise than in accordance with regulations 3 to 8 of the Northern Ireland (Abortion (Northern Ireland) (No. 2) Regulations 2020 commits an offence.
Exceptions
This offence does not apply to the pregnant woman.
It does not apply where the act which caused the termination was done in good faith for the purpose only of saving the woman’s life or preventing grave permanent injury to the woman’s physical or mental health.
Penalty
Summary conviction to a fine up to level 5 on the standard scale.
Proceedings may be brought only by, or with the consent of, the Director of Public Prosecutions for Northern Ireland.
Legal Reference
The Abortion (Northern Ireland) (No. 2) Regulations 2020 established the legal framework for abortion in Northern Ireland and amended pre-existing offences.
Regulation 11, Abortion (Northern Ireland) (No. 2) Regulations 2020.
Jurisdiction
Northern Ireland
Offence
A registered medical professional failing to comply with requirements in regulation 9 for certification under regulations 3 to 7.
Exceptions
No exceptions noted
Penalty
On summary conviction to a fine up to level 4 on the standard scale.
Proceedings may be brought only by, or with the consent of, the Director of Public Prosecutions for Northern Ireland.
Legal Reference
Regulation 9, Abortion (Northern Ireland) (No. 2) Regulations 2020.
Jurisdiction
Northern Ireland
Offence
A registered medical professional failing to comply with the requirements of regulation 10 concerning the notification of the Chief Medical Officer (CMO) of a termination.
Disclosure of any notice or information given to the CMO under regulation 10 except in accordance with paragraph (3) of that regulation.
Exceptions
No exceptions noted
Penalty
On summary conviction to a fine up to level 4 on the standard scale.
Proceedings may be brought only by, or with the consent of, the Director of Public Prosecutions for Northern Ireland.
Legal Reference
Regulation 10, Abortion (Northern Ireland) (No. 2) Regulations 2020.
Jurisdiction
Northern Ireland
Offence
It is an offence for any person who, with intent to destroy the life of a child then capable of being born alive, by any wilful act causes a child to die before it has an existence independent of its mother. Evidence that a woman had at any material time been pregnant for a period of twenty-eight weeks or more shall be prima facie proof that she was at that time pregnant of a child then capable of being born alive.
Exceptions
This offence does not apply to the pregnant woman.
This offence does not apply to a registered medical professional, as defined in the Abortion (Northern Ireland) (No. 2) Regulations 2020, who terminated a pregnancy in accordance with regulations 3 to 8 of those Regulations.
Penalty
On indictment to penal servitude for life.
Proceedings may be brought only by, or with the consent of, the Director of Public Prosecutions for Northern Ireland.
Legal Reference
Criminal Justice Act (Northern Ireland) 1945
Jurisdiction
South Australia
Offence
An unqualified person who performs a termination on another person commits an offence. An “unqualified person” is a person who is not a registered health practitioner authorised under the Termination of Pregnancy Act 2021 to perform a termination.
An unqualified person who assists in the performance of a termination on another person commits an offence. An “unqualified person” is a person who is not a registered health practitioner acting in the ordinary course of the practitioner's profession.
Exceptions
No exceptions noted
Penalty
Maximum penalty: 7 years imprisonment and 5 years imprisonment, respectively.
Prosecution cannot be commenced without the Director of Public Prosecution's written consent.
Legal Reference
Section 14 of the Termination of Pregnancy Act 2021.
Termination of Pregnancy Act 2021 (SA)
Jurisdiction
South Australia
Offence
A person engaged or formerly engaged in connection with the operation of the Termination of Pregnancy Act 2021 must not publish information or data (however described) that identifies, or contains information tending to identify the name or address of a person who has sought or received a termination
Exceptions
No exceptions noted
Penalty
In the case of a natural person—$50 000 AUD
In the case of a body corporate—$120 000 AUD.
Legal Reference
Section 18 of the Termination of Pregnancy Act 2021.
Jurisdiction
South Australia
Offence
A person engaged or formerly engaged in connection with the operation of the Termination of Pregnancy Act 2021 must not disclose personal information relating to a person obtained while so engaged except to the extent that they may be authorised or required to disclose that information by (a) the Chief Executive or their employer, or (b) in the case of information obtained while working at an incorporated hospital or the South Australia Ambulance Service (SAAS) —by the hospital or SAAS. There are various exceptions where disclosure is permitted, set out in section 19(2). Information disclosed for one purpose under section 19(2) must not be used for any other purpose.
Exceptions
No exceptions noted
Penalty
Maximum penalty - $10,000 AUD.
Legal Reference
Section 19 of the Termination of Pregnancy Act 2021
Jurisdiction
Western Australia
Offence
An unqualified person who performs an abortion on another person commits an offence. Section 202MN of the Public Health Act 2016 sets out who is an “unqualified person”, distinguishing roles played in the performance of an abortion (e.g. prescription and supply of abortion drugs) and the gestation of the pregnant person.
Exceptions
No exceptions noted
Penalty
Imprisonment for up to 7 years.
Legal Reference
The Abortion Legislation Reform Act 2023 (Western Australia) amended the Public Health Act 2016.
Section 202MN of the Public Health Act 2016.
Jurisdiction
New Zealand
Offence
It is an offence for a person who is not a health practitioner to (a) procure, or attempt to procure, an abortion for a woman; or (b) perform, or attempts to perform, an abortion on a woman.
Exceptions
No exceptions noted
Penalty
Imprisonment for up to 5 years.
The offence does not apply to the pregnant woman.
Legal Reference
Section 183 of the Crimes Act 1961
Jurisdiction
New Zealand
Offence
It is an offence to cause the death of any child that has not become a human being in such a manner that he or she would have been guilty of murder if the child had become a human being, except where the death is caused by (a) a means employed in good faith to preserve the life of the child’s mother; or (b) providing abortion services in accordance with section 10 or 11 of the Contraception, Sterilisation, and Abortion Act 1977.
Exceptions
No exceptions noted
Penalty
Imprisonment for up to 14 years.
Legal Reference
Section 182 of the Crimes Act 1961
Jurisdiction
New Zealand
Offence
It is an offence to cause the death of any child that has not become a human being in such a manner that he or she would have been guilty of murder if the child had become a human being, except where the death is caused by (a) a means employed in good faith to preserve the life of the child’s mother; or (b) providing abortion services in accordance with section 10 or 11 of the Contraception, Sterilisation, and Abortion Act 1977.
Exceptions
No exceptions noted
Penalty
Imprisonment for up to 14 years.
Legal Reference
Section 182 of the Crimes Act 1961
Jurisdiction
Canada
Offence
In Canada, abortion services are subject to provincial / territorial healthcare rules and guidelines for physicians. There are therefore no abortion-specific offences.
Exceptions
None
Penalty
None
Legal Reference
None
Jurisdiction
Iceland
Offence
A woman who kills her foetus
Exceptions
If there are particularly strong extenuating circumstances, it may be decided that punishment is to be waived. Proceedings shall not be instituted if 2 years have elapsed since the commission of the offence. Unsuccessful attempts shall not result in punishment.
Penalty
Imprisoned for up to 2 years
Legal Reference
Terminations of Pregnancy Act 2019
Jurisdiction
Iceland
Offence
Any person who, with the mother’s consent kills her foetus or provides her with assistance for an abortion.
Exceptions
No exceptions noted
Penalty
Imprisoned for up to 4 years. . In the case of a serious offence, and particularly if the offence is committed for gain or results in the death of, or serious damage to the health of, the mother, punishment of up to 8 years shall be applied. If the offence was committed without the mother’s consent, the punishment shall take the form of imprisonment for a minimum of 2 years and up to 12 years.
Legal Reference
General_Penal_Code_sept.-2015.pdf
Jurisdiction
Iceland
Penalty
note, the offences for Healthcare Practitioners have not been set out in this example, and further review of the law in Iceland would need to be taken forward to confirm
Legal Reference
Contact
Email: abortionteam@gov.scot