Home > Abortion in Germany

After World War II, abortion remained illegal in both East Germany and West Germany. East Germany legalized abortion on demand up to 12 weeks of pregnancy in 1972. In 1976, West Germany legalized abortion up to 12 weeks of pregnancy for reasons of medical necessity, sexual crimes or serious social or emotional distress, if approved by two doctors, and subject to counseling and a three-day waiting period. The legal requirements were extremely strict, and often led women to seek abortions elsewhere, particularly in the Netherlands. In 1989, a Bavarian doctor was sentenced to two and a half years in prison and 137 of his patients were fined for failing to meet the certification requirements.

The two laws had to be reconciled after reunification. A new law was passed by the Bundestag in 1992, permitting first-trimester abortions on demand, subject to counselling and a three-day waiting period. The law was quickly challenged in court by a number of individuals - including Chancellor Helmut Kohl - and the State of Bavaria. The Federal Constitutional Court issued a confusing decision a year later in which it found abortions to be illegal as the constitution protected the fetus from the moment of conception, but stated that abortions during the first trimester should not be subject to punishment, assuming that the mother had submitted to counselling aimed at changing her mind. Abortions are not covered by public health insurance except for women with low income.

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