2024-04-22 11:51:25
Legalization of abortions in Germany could soon be imminent: A government commission recommends general permission up to the twelfth week.
The most important things at a glance
According to an expert commission appointed by the federal government, abortion should no longer be a criminal offense in Germany in the future. “In the early phase of pregnancy (…) the legislature should allow abortion with the woman’s consent,” says the summary of a report by the commission, which was presented in Berlin on Monday.
The experts also comment on the topics of egg donation and surrogacy. The Commission considers both to be permissible under certain circumstances. But what is the current legal situation and what exactly should be changed? An overview:
What should be changed?
In its coalition agreement, the traffic light agreed to have a commission examine the extent to which abortions could also be regulated outside the criminal code. The Commission should also examine options for legalizing egg donation and surrogacy.
“The fundamental illegality of abortion in the early phase of pregnancy (…) is untenable. The legislature should take action here and make abortion legal and unpunished,” said the coordinator in the commission responsible for the issue, criminal lawyer Liane Wörner from the University of Konstanz. The first twelve weeks of pregnancy are generally considered the early phase.
An abortion is currently not punishable under certain conditions, “but it is still marked as illegal, as injustice,” said the deputy coordinator, Frauke Brosius-Gersdorf, criticizing the current rule. A change is not just a formality. For the women affected, it makes a big difference whether what they are doing is wrong or right. “This also has an impact on the obligation of statutory health insurance companies to provide benefits.”
However, as soon as the fetus is capable of independent viability, abortions should remain prohibited, according to the Commission. According to the experts, this limit is around the 22nd week after the start of the last menstruation.
The experts see the legalization of egg donation in Germany as permissible “provided it is based on a legal basis that, in particular, guarantees the necessary protection of the donors and the well-being of the child,” they say.
The coordinator for the topic in the commission, Claudia Wiesemann from the University of Göttingen, pointed out that Germany, along with Luxembourg, is the only EU country where egg donation is still banned. As with sperm donation, it is important to ensure the child’s right to know its origins. According to the Commission, the legislature can allow surrogacy in certain cases, “provided in particular that the protection of the surrogate mother and the child’s well-being are adequately guaranteed.”
However, the federal government emphasized that a quick reform was not to be expected. Deputy government spokeswoman Christiane Hoffmann spoke to journalists in Berlin on Monday about a very sensitive topic that deeply affects personal areas. It is important to weigh up different goods against each other. “And we want to have a debate that will ultimately help us move forward on this issue and that’s not something that can be done under time pressure and ‘now we’ll do it really quickly’. That would really be the wrong approach.”
What is the current status of the law?
In the first year of its term in office, the traffic light had already initiated a far-reaching change in the law in connection with abortions: it abolished the controversial paragraph 219a, which had previously regulated the “ban on advertising” for abortions and had repeatedly led to doctors made it a criminal offense if they publicly provided information about abortion.
The now proposed abolition of paragraph 218 would be even more far-reaching. In principle, abortions would no longer be punishable.
An abortion is currently generally punishable under Section 218 of the Criminal Code unless it takes place within the first twelve weeks and the woman has sought advice beforehand. Abortion is also not a criminal offense if there are medical reasons or if it is carried out because of rape. Family Minister Paus had indicated several times in the past that she could imagine a new regulation.