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Abortion law

From Wikipedia - Reading time: 94 min

Legality of abortion by country or territory
Legal on request:
  No gestational limit
  Gestational limit after the first 17 weeks
  Gestational limit in the first 17 weeks
  Unclear gestational limit
Legally restricted to cases of:
  Risk to woman's life, to her health*, rape*, fetal impairment*, or socioeconomic factors
  Risk to woman's life, to her health*, rape, or fetal impairment
  Risk to woman's life, to her health*, or fetal impairment
  Risk to woman's life*, to her health*, or rape
  Risk to woman's life or to her health
  Risk to woman's life
  Illegal with no exceptions
  No information
* Does not apply to some countries or territories in that category
Note: In some countries or territories, abortion laws are modified by other laws, regulations, legal principles or judicial decisions. This map shows their combined effect as implemented by the authorities.

Abortion laws vary widely among countries and territories, and have changed over time. Such laws range from abortion being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances. Many countries and territories that allow abortion have gestational limits for the procedure depending on the reason; with the majority being up to 12 weeks for abortion on request, up to 24 weeks for rape, incest, or socioeconomic reasons, and more for fetal impairment or risk to the woman's health or life. As of 2022, countries that legally allow abortion on request or for socioeconomic reasons comprise about 60% of the world's population. In 2024, France became the first country to explicitly protect abortion rights in its constitution,[1] while Yugoslavia implicitly inscribed abortion rights in its constitution in 1974.[2]

Abortion continues to be a controversial subject in many societies on religious, moral, ethical, practical, and political grounds. Though it has been banned and otherwise limited by law in many jurisdictions, abortions continue to be common in many areas, even where they are illegal. According to a 2007 study conducted by the Guttmacher Institute and the World Health Organization, abortion rates are similar in countries where the procedure is legal and in countries where it is not,[3][4] due to unavailability of modern contraceptives in areas where abortion is illegal.[5] Also according to the study, the number of abortions worldwide is declining due to increased access to contraception.[3][4]

History

[edit]
Main articles: History of abortion and History of abortion law debate

Abortion has existed since ancient times, with natural abortifacients being found amongst a wide variety of tribal people and in most written sources. The earliest known records of abortion techniques and general reproductive regulation date as far back as 2700 BC in China, and 1550 BC in Egypt.[6] Early texts contain little mention of abortion or abortion law. When it does appear, it is entailed in concerns about male property rights, preservation of social order, and the duty to produce fit citizens for the state or community. The harshest penalties were generally reserved for a woman who procured an abortion against her husband's wishes, and for slaves who produced abortion in a woman of high status. Religious texts often contained severe condemnations of abortion, recommending penance but seldom enforcing secular punishment. As a matter of common law in England and the United States, abortion was illegal anytime after quickening—when the movements of the fetus could first be felt by the woman. Under the born alive rule, the fetus was not considered a "reasonable being" in rerum natura; and abortion was not treated as murder in English law.

In the 19th century, many Western countries began to codify abortion laws or place further restrictions on the practice. Anti-abortion movements were led by a combination of groups opposed to abortion on moral grounds, and by medical professionals who were concerned about the danger presented by the procedure and the regular involvement of non-medical personnel in performing abortions. Nevertheless, it became clear that illegal abortions continued to take place in large numbers even where abortions were rigorously restricted. It was difficult to obtain sufficient evidence to prosecute the women and abortion doctors, and judges and juries were often reluctant to convict. For example, Henry Morgentaler, a Canadian pro-choice advocate, was never convicted by a jury. He was acquitted by a jury in the 1973 court case, but the acquittal was overturned by five judges on the Quebec Court of Appeal in 1974. He went to prison, appealed, and was again acquitted. In total, he served 10 months, suffering a heart attack while in solitary confinement. Many were also outraged at the invasion of privacy and the medical problems resulting from abortions taking place illegally in medically dangerous circumstances. Political movements soon coalesced around the legalization of abortion and liberalization of existing laws.

By the first half of the 20th century, many countries had begun to liberalize abortion laws, at least when performed to protect the woman's life and in some cases on the woman's request. Under Vladimir Lenin, the Soviet Union became the first modern state in legalizing abortions on request—the law was first introduced in the Russian SFSR in 1920, in the Ukrainian SSR in July 1921, and then in the whole country.[7][8] The Bolsheviks saw abortion as a social evil created by the capitalist system, which left women without the economic means to raise children, forcing them to perform abortions. The Soviet state initially preserved the tsarist ban on abortion, which treated the practice as premeditated murder. However, abortion had been practiced by Russian women for decades and its incidence skyrocketed further as a result of the Russian Civil War, which had left the country economically devastated and made it extremely difficult for many people to have children. The Soviet state recognized that banning abortion would not stop the practice because women would continue using the services of private abortionists. In rural areas, these were often old women who had no medical training, which made their services very dangerous to women's health. In November 1920, the Soviet government legalized abortion in state hospitals. The state considered abortion as a temporary necessary evil, which would disappear in the future communist society, which would be able to provide for all the children conceived.[9][page needed] In 1936, Joseph Stalin placed prohibitions on abortions, which restricted them to medically recommended cases only, in order to increase population growth after the enormous loss of life in World War I and the Russian Civil War.[10][11][8] In the 1930s, several countries (Poland, Turkey, Denmark, Sweden, Iceland, Mexico) legalized abortion in some special cases (pregnancy from rape, threat to mother's health, fetal malformation). In Japan, abortion was legalized in 1948 by the Eugenic Protection Law,[12] amended in May 1949 to allow abortions for economic reasons.[13] Abortion was legalized in 1952 in Yugoslavia (on a limited basis[which?]), and again in 1955 in the Soviet Union on request. Some Soviet allies (Poland, Hungary, Bulgaria, Czechoslovakia, Romania) legalized abortion in the late 1950s under pressure from the Soviets.[how?][14][additional citation(s) needed]

In the United Kingdom, the Abortion Act of 1967 clarified and prescribed abortions as legal up to 28 weeks (later reduced to 24 weeks). Other countries soon followed, including Canada (1969), the United States (1973 in most states, pursuant to Roe v. Wade—the U.S. Supreme Court decision which legalized abortion nationwide), Tunisia and Denmark (1973), Austria (1974), France and Sweden (1975), New Zealand (1977), Italy (1978), the Netherlands (1984), and Belgium (1990). However, these countries vary greatly in the circumstances under which abortion was to be permitted. In 1975, the West German Supreme Court struck down a law legalizing abortion, holding that they contradict the constitution's human rights guarantees. In 1976, a law was adopted which enabled abortions up to 12 weeks. After Germany's reunification, despite the legal status of abortion in former East Germany, a compromise was reached which deemed most abortions up to 12 weeks legal, but this law was struck down by the Federal Constitutional Court and amended to only remove the punishment in such cases, without any statement to legality. In jurisdictions governed under sharia law, abortion after the 120th day from conception (19 weeks from LMP) is illegal, especially for those who follow the recommendations of the Hanafi legal school, while most jurists of the Maliki legal school "believe that ensoulment occurs at the moment of conception, and they tend to forbid abortion at any point [similar to the Roman Catholic Church]. The other schools hold intermediate positions. ... The penalty prescribed for an illegal abortion varies according to particular circumstances involved. According to sharia, it should be limited to a fine that is paid to the father or heirs of the fetus."[15]

Timeline of abortion on request

[edit]
See also: Timeline of reproductive rights legislation

The table below lists in chronological order the United Nations member states that have legalized abortion on request in at least some initial part of the pregnancy, or that have fully decriminalized abortion. As of 2024, 67 countries have legalized or decriminalized abortion on request.

Notes

Where a country has legalized abortion on request, prohibited it, and legalized it again (e.g., former Soviet Union, Romania), only the later year is included. Countries that result from the merger of states where abortion on request was legal at the moment of unification show the year when it became legal across the whole national territory (e.g., Germany, Vietnam). Similarly, countries where not all subnational jurisdictions have legalized abortion on request are not included, leading to the exclusion of Australia, Mexico, and the United Kingdom. Countries where abortion on request was once legalized nationwide but has since been prohibited in at least part of the country, such as the United States and Poland, are also excluded. Countries are counted even if they were not yet independent at the time. The year refers to when the relevant law or judicial decision came into force, which may be different from the year when it was approved.

Year legalized Countries CpY CC
1955 ( Armenia  Azerbaijan  Belarus  Estonia  Georgia  Kazakhstan  Kyrgyzstan  Latvia  Lithuania  Moldova  Russia  Tajikistan  Turkmenistan  Ukraine  Uzbekistan as part of the Soviet Union) 15 15
1957  China[16][a][b] ( Czech Republic  Slovakia as part of Czechoslovakia)[c] 3 18
1965  Cuba 1 19
1973  Denmark  Tunisia[22] 2 21
1974  Singapore  Sweden 2 23
1975  Austria  France[d]  Vietnam[e] 3 26
1977 ( Bosnia and Herzegovina  Croatia  Montenegro  North Macedonia  Serbia  Slovenia as part of Yugoslavia) 6 32
1978  Italy  Luxembourg 2 34
1979  Norway[f][g] 1 35
1983  Turkey 1 36
1984  Netherlands[h] 1 37
1986  Cape Verde  Greece 2 39
1988  Canada 1 40
1989  Mongolia[29] 1 41
1990  Belgium  Bulgaria  Romania 3 44
1992  Germany[i] 1 45
1993  Guinea-Bissau[30][31] 1 46
1995  Guyana 1 47
1996  Albania[j] 1 48
1997  Cambodia  South Africa 2 50
2002  Nepal  Switzerland 2 52
2007  Portugal 1 53
2010  Spain 1 54
2012  São Tomé and Príncipe[33]  Uruguay 2 56
2015  Mozambique[k] 1 57
2018  Cyprus 1 58
2019  Iceland  Ireland[l] 2 60
2020  New Zealand 1 61
2021  Argentina[m]  South Korea  Thailand 3 64
2022  Colombia  San Marino 2 66
2023  Finland[n] 1 67

International law

[edit]

There are no international or multinational treaties that deal directly with abortion but human rights law and international criminal law touch on the issues.

The Nuremberg Military Tribunal decided the case of United States v Greifelt and Others (1948) on the basis that abortion was a crime within its jurisdiction according to the law defining crimes against humanity and thus within its definition of murder and extermination.[37]

The Catholic Church remains highly influential in Latin America, and opposes the legalisation of abortion.[38] The American Convention on Human Rights, which in 2013 had 23 Latin American parties, declares human life as commencing with conception. In Latin America, abortion on request is only legal in Cuba (1965), Uruguay (2012),[39] Argentina (2021),[36] Colombia (2022)[40] and in parts of Mexico.[41][42] Abortions are completely banned in the Dominican Republic, El Salvador, Honduras and Nicaragua, and only allowed in certain restricted circumstances in most other Latin American nations.[38]

In the 2010 case of A, B and C v Ireland, the European Court of Human Rights found that the European Convention on Human Rights did not include a right to an abortion.

In 2005, the United Nations Human Rights Committee (UN HRC) ordered Peru to compensate a woman (known as K.L.) for denying her a medically indicated abortion; this was the first time a United Nations Committee had held any country accountable for not ensuring access to safe, legal abortion, and the first time the committee affirmed that abortion is a human right.[43] K.L. received the compensation in 2016.[43] In the 2016 case of Mellet v Ireland, the UN HRC found Ireland's abortion laws violated the International Covenant on Civil and Political Rights because Irish law banned abortion in cases of fatal fetal abnormalities.

National laws

[edit]

While abortions are legal at least under certain conditions in almost all countries, these conditions vary widely. According to a United Nations (UN) report with data gathered up to 2019,[44] abortion is allowed in 98% of countries in order to save a woman's life. Other commonly-accepted reasons are preserving physical (72%) or mental health (69%), in cases of rape or incest (61%), and in cases of fetal impairment (61%). Performing an abortion because of economic or social reasons is accepted in 37% of countries. Performing abortion only on the basis of a woman's request is allowed in 34% of countries, including in Canada, most European countries and China.[44]

The exact scope of each legal ground also varies. For example, the laws of some countries cite health risks and fetal impairment as general grounds for abortion and allow a broad interpretation of such terms in practice, while other countries restrict them to a specific list of medical conditions or subcategories. Many countries that allow abortion have gestational limits for the procedure depending on the reason; with the majority being up to 12 weeks for abortion on request, up to 24 weeks for social, economic, rape, or incest reasons, and more for fetal impairment or threats to the woman's health or life.[44]: 26 

In some countries, additional procedures must be followed before the abortion can be carried out even if the basic grounds for it are met. How strictly all of the procedures dictated in the legislation are followed in practice is another matter. For example, in the United Kingdom, a Care Quality Commission's report in 2012 found that several NHS clinics were circumventing the law, using forms pre-signed by one doctor, thus allowing abortions to patients who only met with one doctor.[45]

Summary tables

[edit]
Legend
permitted In many cases, abortion is permitted only up to a certain gestational age.
If this limit is known and does not vary by subdivision, it is shown instead of "permitted".
permitted, with complex legality or practice
varies by subdivision
prohibited, with complex legality or practice
prohibited
unknown or unclear

Countries

[edit]

The table below summarizes the legal grounds for abortion in all United Nations member states and United Nations General Assembly observer states and some countries with limited recognition. This table is mostly based on data compiled by the United Nations up to 2019,[46] with some updates, additions and clarifications citing other sources.

Legal grounds on which abortion is permitted in independent countries
Country Risk to life Risk to health Rape Fetal impairment Economic or social On request
 Abkhazia[47] prohibited prohibited prohibited prohibited prohibited prohibited
 Afghanistan permitted[o] prohibited prohibited prohibited[o] prohibited[o] prohibited
 Albania[32] 22 weeks 22 weeks 22 weeks no limit 22 weeks 12 weeks
 Algeria[54] permitted permitted prohibited prohibited prohibited prohibited
 Andorra prohibited[p] prohibited prohibited prohibited prohibited prohibited
 Angola[q] permitted permitted 16 weeks permitted prohibited prohibited
 Antigua and Barbuda[59] permitted[r] prohibited[s] prohibited prohibited prohibited prohibited
 Argentina[36][62] permitted permitted permitted 14 weeks permitted 14 weeks
 Armenia[63] permitted permitted permitted permitted 22 weeks 12 weeks
 Australia [subdivisions] no limit no limit no limit no limit no limit varies[t]
    Australian Capital Territory[66][67] no limit no limit no limit no limit no limit no limit
    Christmas Island[u] no limit no limit no limit no limit no limit 23 weeks
    Cocos Islands[v] no limit no limit no limit no limit no limit 23 weeks
    Jervis Bay Territory[w] no limit no limit no limit no limit no limit no limit
    New South Wales[71] no limit no limit no limit no limit no limit 22 weeks
    Norfolk Island[x] no limit no limit no limit no limit no limit no limit
    Northern Territory[75] no limit no limit no limit no limit no limit prohibited[y]
    Queensland[76] no limit no limit no limit no limit no limit 22 weeks
    South Australia[77] no limit no limit no limit no limit no limit 22 weeks and 6 days
    Tasmania[78] no limit no limit no limit no limit no limit 16 weeks
    Victoria[79] no limit no limit no limit no limit no limit 24 weeks
    Western Australia[80] no limit no limit no limit no limit no limit 23 weeks
 Austria[81] no limit no limit 3 months[z] no limit 3 months[z] 3 months[z]
 Azerbaijan[82] no limit no limit permitted permitted 22 weeks 12 weeks
 Bahamas[83] permitted permitted[aa] prohibited prohibited prohibited prohibited
 Bahrain permitted prohibited[ab] prohibited[ab] prohibited[ab] prohibited[ab] prohibited[ab]
 Bangladesh no limit prohibited[ac] prohibited[ac] prohibited[ac] prohibited[ac] prohibited[ac]
 Barbados[86] no limit no limit 12 weeks no limit 12 weeks prohibited
 Belarus[ad] no limit no limit 22 weeks no limit 22 weeks 12 weeks
 Belgium[90] no limit no limit 14 weeks[ae] no limit 14 weeks[ae] 14 weeks[ae]
 Belize[92] no limit no limit prohibited no limit permitted prohibited
 Benin[93] permitted permitted permitted permitted 12 weeks prohibited
 Bhutan[af] 180 days 180 days[ag] 180 days 180 days[ag] prohibited prohibited
 Bolivia 22 weeks 22 weeks 22 weeks 22 weeks[ah] prohibited prohibited
 Bosnia and Herzegovina [subdivisions] no limit no limit permitted permitted permitted 10 weeks
    Brčko District[ai] no limit no limit 20 weeks 20 weeks 10 weeks 10 weeks
    Federation of Bosnia and Herzegovina[ai] no limit no limit 20 weeks 20 weeks 10 weeks 10 weeks
    Republika Srpska[99] no limit no limit no limit no limit no limit 10 weeks
 Botswana[100] 16 weeks 16 weeks 16 weeks 16 weeks prohibited prohibited
 Brazil[101][102] no limit prohibited no limit prohibited[aj] prohibited prohibited
 Brunei[105] permitted prohibited prohibited prohibited prohibited prohibited
 Bulgaria[106] no limit 20 weeks permitted no limit 12 weeks 12 weeks
 Burkina Faso[107] no limit no limit 14 weeks no limit prohibited prohibited
 Burundi permitted permitted prohibited prohibited prohibited[ak] prohibited
 Cambodia[109] no limit 12 weeks no limit no limit 12 weeks 12 weeks
 Cameroon[110] permitted 28 weeks 28 weeks prohibited prohibited prohibited
 Canada[al] [subdivisions] permitted permitted permitted permitted permitted permitted
    Alberta permitted permitted permitted permitted permitted 20 weeks
    British Columbia permitted permitted permitted permitted permitted 23 weeks and 6 days
    Manitoba permitted permitted permitted permitted permitted 19 weeks and 6 days
    New Brunswick permitted permitted permitted permitted permitted 16 weeks
    Newfoundland and Labrador permitted permitted permitted permitted permitted 15 weeks
    Northwest Territories permitted permitted permitted permitted permitted 19 weeks and 6 days
    Nova Scotia permitted permitted permitted permitted permitted 16 weeks
    Nunavut permitted permitted permitted permitted permitted 12 weeks
    Ontario permitted permitted permitted permitted permitted 23 weeks and 6 days
    Prince Edward Island permitted permitted permitted permitted permitted 12 weeks and 6 days
    Quebec permitted permitted permitted permitted permitted 23 weeks and 6 days
    Saskatchewan permitted permitted permitted permitted permitted 18 weeks and 6 days
    Yukon permitted permitted permitted permitted permitted 12 weeks and 6 days
 Cape Verde[113] no limit no limit 12 weeks permitted 12 weeks 12 weeks
 Central African Republic 8 weeks prohibited[am] 8 weeks 8 weeks prohibited prohibited
 Chad[115][116] permitted permitted permitted permitted prohibited prohibited
 Chile[117] no limit prohibited 12 weeks[an] permitted prohibited prohibited
 China [subdivisions] permitted permitted permitted permitted varies[ao] varies[ap]
    Mainland China[118][119][b] permitted permitted permitted permitted permitted permitted
    Hong Kong[120] no limit 24 weeks 24 weeks 24 weeks 24 weeks prohibited
    Macau[121] no limit no limit 24 weeks 24 weeks prohibited prohibited
 Colombia no limit[aq] no limit[aq] no limit[aq] no limit[aq] 24 weeks[aq] 24 weeks[aq]
 Comoros[124] permitted permitted prohibited prohibited prohibited prohibited
 Congo permitted[ar] prohibited[ar] prohibited prohibited prohibited prohibited
 Costa Rica permitted permitted prohibited[as] prohibited prohibited prohibited
 Croatia[128] no limit no limit no limit no limit 10 weeks 10 weeks
 Cuba[129][130] no limit 22 weeks no limit 35 weeks 22 weeks 12 weeks
 Cyprus[131] permitted permitted 19 weeks permitted 12 weeks 12 weeks
 Czech Republic[132][133] no limit permitted[at] 12 weeks no limit 12 weeks 12 weeks
 Democratic Republic of the Congo permitted[au] permitted[av] permitted[av] permitted[av] prohibited prohibited
 Denmark[137] no limit no limit no limit no limit no limit 12 weeks[aw]
 Djibouti[138][139][140] permitted permitted[aa] prohibited prohibited prohibited prohibited
 Dominica[141] permitted prohibited[ax] prohibited prohibited prohibited prohibited
 Dominican Republic[143] prohibited[ay] prohibited prohibited prohibited prohibited prohibited
 East Timor[az] no limit prohibited prohibited prohibited prohibited prohibited
 Ecuador permitted permitted permitted[ba] prohibited prohibited prohibited
 Egypt[151][152] permitted permitted prohibited prohibited prohibited prohibited
 El Salvador[153] prohibited prohibited prohibited prohibited prohibited prohibited
 Equatorial Guinea[154] 12 weeks 12 weeks 12 weeks 12 weeks prohibited prohibited
 Eritrea[155] permitted permitted permitted prohibited[bb] prohibited[bb] prohibited[bb]
 Estonia[156] 22 weeks 22 weeks 12 weeks[bc] 22 weeks 12 weeks[bc] 12 weeks[bc]
 Eswatini[157] permitted permitted permitted permitted prohibited prohibited
 Ethiopia[158][159][160] 28 weeks 28 weeks 28 weeks 28 weeks prohibited[bd] prohibited
 Fiji[161] no limit no limit 20 weeks no limit prohibited prohibited
 Finland[n][163] no limit no limit 20 weeks 24 weeks 20 weeks 12 weeks
 France[164][be] no limit no limit 16 weeks[bf] no limit 16 weeks[bf] 16 weeks[bf]
 Gabon[167] 10 weeks prohibited[bg] 10 weeks 10 weeks prohibited prohibited
 Gambia[168][169][170] permitted prohibited prohibited permitted prohibited prohibited
 Georgia[171][172] 22 weeks 22 weeks 22 weeks 22 weeks 12 weeks 12 weeks
 Germany no limit no limit 12 weeks 12 weeks[bh] 12 weeks[bh] 12 weeks[bh]
 Ghana 28 weeks 28 weeks 28 weeks 28 weeks prohibited prohibited
 Greece[175] no limit no limit 19 weeks 24 weeks 12 weeks[bi] 12 weeks[bi]
 Grenada[176] permitted permitted prohibited prohibited prohibited prohibited
 Guatemala[177][178] permitted prohibited prohibited prohibited prohibited prohibited
 Guinea permitted permitted permitted permitted prohibited prohibited
 Guinea-Bissau[30][179] permitted permitted permitted permitted permitted permitted
 Guyana[180] no limit no limit 16 weeks 16 weeks 8 weeks[bj] 8 weeks[bj]
 Haiti[bk] permitted[bl] prohibited prohibited prohibited prohibited prohibited
 Honduras[183] prohibited prohibited prohibited prohibited prohibited prohibited
 Hungary no limit 12 weeks[bm] 12 weeks[bm] 20 weeks[bn] 12 weeks[bm] prohibited
 Iceland[185] no limit 22 weeks 22 weeks no limit 22 weeks 22 weeks
 India[186][187] no limit 24 weeks 24 weeks 24 weeks[bo] 24 weeks[bp] prohibited
 Indonesia[188][189] no limit no limit 14 weeks no limit prohibited prohibited
 Iran[190][191][192] 4 months 4 months prohibited[bq] 4 months prohibited prohibited
 Iraq permitted[br] prohibited[bs] prohibited prohibited[bs] prohibited prohibited
 Ireland[198] viability[bt] viability[bt] 12 weeks permitted 12 weeks 12 weeks
 Israel permitted permitted permitted permitted permitted[bu] prohibited[bu]
 Italy[200] no limit viability 90 days 90 days 90 days 90 days
 Ivory Coast permitted prohibited[bv] permitted prohibited[bv] prohibited prohibited
 Jamaica permitted[bw] permitted[bx] prohibited prohibited prohibited prohibited
 Japan[207] 22 weeks 22 weeks 22 weeks prohibited 22 weeks prohibited
 Jordan[208] permitted permitted prohibited prohibited prohibited prohibited
 Kazakhstan[209][210] no limit no limit 22 weeks no limit 22 weeks 12 weeks
 Kenya[211][212] permitted permitted permitted[by] prohibited prohibited prohibited
 Kiribati[215] permitted prohibited prohibited prohibited prohibited prohibited
 Kosovo[216] no limit no limit 22 weeks no limit 10 weeks 10 weeks
 Kuwait[217] permitted 4 months prohibited 4 months prohibited prohibited
 Kyrgyzstan[218][219] no limit no limit 22 weeks 22 weeks 22 weeks 12 weeks
 Laos permitted[bz] 28 weeks[bz] 28 weeks[bz] 28 weeks[bz] 28 weeks[bz] prohibited[bz]
 Latvia[223][224] permitted 24 weeks 12 weeks 12 weeks 12 weeks 12 weeks
 Lebanon[225] permitted prohibited prohibited prohibited prohibited prohibited
 Lesotho[226] permitted permitted permitted permitted prohibited prohibited
 Liberia[227] 24 weeks 24 weeks 24 weeks 24 weeks prohibited prohibited
 Libya[228][229] permitted prohibited prohibited prohibited prohibited prohibited
 Liechtenstein[230] permitted permitted permitted prohibited prohibited prohibited
 Lithuania[231] no limit no limit 12 weeks[ca] no limit 12 weeks[ca] 12 weeks[ca]
 Luxembourg[232] no limit no limit 14 weeks no limit 14 weeks 14 weeks
 Madagascar prohibited[cb] prohibited prohibited prohibited prohibited prohibited
 Malawi[236] permitted prohibited prohibited prohibited prohibited prohibited
 Malaysia[237] 22 weeks 22 weeks prohibited prohibited prohibited prohibited
 Maldives[cc] no limit prohibited 120 days 120 days[cd] prohibited prohibited
 Mali[242][243] permitted permitted[aa] permitted prohibited prohibited prohibited
 Malta[244] viability prohibited prohibited prohibited prohibited prohibited
 Marshall Islands permitted[bl] prohibited prohibited prohibited prohibited prohibited
 Mauritania permitted[ce] prohibited[ce] prohibited prohibited prohibited prohibited
 Mauritius[249] no limit no limit 14 weeks no limit prohibited prohibited
 Mexico [subdivisions] varies[cf] varies[cg] permitted[ch] varies[cg] varies[cg] varies[cg]
    Aguascalientes[254] 6 weeks 6 weeks permitted permitted 6 weeks 6 weeks
    Baja California[255] permitted permitted permitted permitted 12 weeks 12 weeks
    Baja California Sur[256] permitted permitted permitted permitted 12 weeks 12 weeks
    Campeche[257] permitted permitted 12 weeks[ch] prohibited[cg] prohibited[cg] prohibited[cg]
    Chiapas[258] permitted prohibited[cg] permitted permitted prohibited[cg] prohibited[cg]
    Chihuahua[259] permitted permitted 90 days[ch] prohibited[cg] prohibited[cg] prohibited[cg]
    Coahuila[260] permitted permitted 12 weeks[ch] permitted permitted[ci] permitted[ci]
    Colima[261] permitted permitted permitted permitted 12 weeks 12 weeks
    Durango[262] permitted prohibited[cg] permitted prohibited[cg] prohibited[cg] prohibited[cg]
    Guanajuato[263] prohibited[cg] prohibited[cg] permitted prohibited[cg] prohibited[cg] prohibited[cg]
    Guerrero[264] permitted permitted permitted permitted 12 weeks 12 weeks
    Hidalgo[265] permitted permitted permitted permitted 12 weeks 12 weeks
    Jalisco[266] permitted permitted permitted permitted 12 weeks 12 weeks
    Mexico City[267] permitted permitted permitted permitted 12 weeks 12 weeks
    Mexico State[268] permitted prohibited[cg] permitted permitted prohibited[cg] prohibited[cg]
    Michoacán[269] permitted permitted permitted permitted permitted 12 weeks
    Morelos[270] permitted permitted[cj] permitted permitted permitted[cj] permitted[cj]
    Nayarit[272] permitted permitted permitted permitted[ck] permitted[ck] permitted[ck]
    Nuevo León[274] permitted permitted permitted prohibited[cg] prohibited[cg] prohibited[cg]
    Oaxaca[275] permitted permitted permitted permitted 12 weeks 12 weeks
    Puebla[276] permitted 12 weeks permitted permitted 12 weeks 12 weeks
    Querétaro[277] prohibited[cg] prohibited[cg] permitted prohibited[cg] prohibited[cg] prohibited[cg]
    Quintana Roo[278] permitted permitted permitted permitted 12 weeks 12 weeks
    San Luis Potosí[279][280] 12 weeks 12 weeks permitted 12 weeks 12 weeks 12 weeks
    Sinaloa[281] permitted permitted permitted permitted 13 weeks 13 weeks
    Sonora[282] permitted prohibited[cg] permitted prohibited[cg] prohibited[cg] prohibited[cg]
    Tabasco[283] permitted prohibited[cg] permitted prohibited[cg] prohibited[cg] prohibited[cg]
    Tamaulipas[284] permitted permitted permitted prohibited[cg] prohibited[cg] prohibited[cg]
    Tlaxcala[285] permitted permitted permitted permitted prohibited[cg] prohibited[cg]
    Veracruz[286] permitted permitted permitted permitted 12 weeks 12 weeks
    Yucatán[287] permitted permitted[cl] permitted permitted permitted permitted[cl]
    Zacatecas[289] permitted permitted permitted permitted[cm] permitted[cm] permitted[cm]
 Micronesia permitted[bl] prohibited prohibited prohibited prohibited prohibited
 Moldova[291] 21 weeks 21 weeks 21 weeks 21 weeks 21 weeks 12 weeks[cn]
 Monaco[292] no limit no limit 12 weeks no limit prohibited prohibited
 Mongolia 23 weeks 23 weeks permitted permitted 14 weeks 14 weeks
 Montenegro[293] 32 weeks 32 weeks 20 weeks 20 weeks 10 weeks 10 weeks
 Morocco[co] no limit permitted prohibited prohibited prohibited prohibited
 Mozambique no limit no limit 16 weeks 24 weeks[cp] 12 weeks 12 weeks
 Myanmar[299][300] no limit prohibited prohibited prohibited prohibited prohibited
 Namibia permitted permitted permitted permitted prohibited prohibited
 Nauru[301] no limit no limit 20 weeks 20 weeks prohibited prohibited
 Nepal[302][303] 28 weeks 28 weeks 18 weeks 28 weeks 12 weeks[cq] 12 weeks[cq]
 Netherlands[cr] no limit no limit 24 weeks no limit 24 weeks 24 weeks
 New Zealand[304] no limit no limit permitted permitted permitted 20 weeks
 Nicaragua prohibited prohibited prohibited prohibited prohibited prohibited
 Niger permitted permitted prohibited permitted prohibited prohibited
 Nigeria [subdivisions] permitted prohibited[cs] prohibited prohibited prohibited prohibited
   Abia permitted prohibited[cs] prohibited prohibited prohibited prohibited
   Adamawa permitted prohibited prohibited prohibited prohibited prohibited
   Akwa Ibom permitted prohibited[cs] prohibited prohibited prohibited prohibited
   Anambra permitted prohibited[cs] prohibited prohibited prohibited prohibited
   Bauchi permitted prohibited prohibited prohibited prohibited prohibited
   Bayelsa permitted prohibited[cs] prohibited prohibited prohibited prohibited
   Benue permitted prohibited prohibited prohibited prohibited prohibited
   Borno permitted prohibited prohibited prohibited prohibited prohibited
   Cross River permitted prohibited[cs] prohibited prohibited prohibited prohibited
   Delta permitted prohibited[cs] prohibited prohibited prohibited prohibited
   Ebonyi permitted prohibited[cs] prohibited prohibited prohibited prohibited
   Edo permitted prohibited[cs] prohibited prohibited prohibited prohibited
   Ekiti permitted prohibited[cs] prohibited prohibited prohibited prohibited
   Enugu permitted prohibited[cs] prohibited prohibited prohibited prohibited
   Federal Capital Territory permitted prohibited prohibited prohibited prohibited prohibited
   Gombe permitted prohibited prohibited prohibited prohibited prohibited
   Imo permitted prohibited[cs] prohibited prohibited prohibited prohibited
   Jigawa permitted prohibited prohibited prohibited prohibited prohibited
   Kaduna permitted prohibited prohibited prohibited prohibited prohibited
   Kano permitted prohibited prohibited prohibited prohibited prohibited
   Katsina permitted prohibited prohibited prohibited prohibited prohibited
   Kebbi permitted prohibited prohibited prohibited prohibited prohibited
   Kogi permitted prohibited prohibited prohibited prohibited prohibited
   Kwara permitted prohibited prohibited prohibited prohibited prohibited
   Lagos permitted prohibited[cs] prohibited prohibited prohibited prohibited
   Nasarawa permitted prohibited prohibited prohibited prohibited prohibited
   Niger permitted prohibited prohibited prohibited prohibited prohibited
   Ogun permitted prohibited[cs] prohibited prohibited prohibited prohibited
   Ondo permitted prohibited[cs] prohibited prohibited prohibited prohibited
   Osun permitted prohibited[cs] prohibited prohibited prohibited prohibited
   Oyo permitted prohibited[cs] prohibited prohibited prohibited prohibited
   Plateau permitted prohibited prohibited prohibited prohibited prohibited
   Rivers permitted prohibited[cs] prohibited prohibited prohibited prohibited
   Sokoto permitted prohibited prohibited prohibited prohibited prohibited
   Taraba permitted prohibited prohibited prohibited prohibited prohibited
   Yobe permitted prohibited prohibited prohibited prohibited prohibited
   Zamfara permitted prohibited prohibited prohibited prohibited prohibited
 Northern Cyprus[307] permitted permitted permitted permitted permitted 10 weeks
 North Korea permitted[ct] permitted[ct] unclear[ct] permitted[ct] unclear[ct] unclear[ct]
 North Macedonia no limit no limit 22 weeks[cu] 22 weeks[cu] 22 weeks[cu] 12 weeks
 Norway[f] no limit no limit 22 weeks 22 weeks 22 weeks 12 weeks
 Oman permitted[cv] permitted[cv] prohibited 120 days[cv] prohibited prohibited
 Pakistan[318][319] no limit organ formation[cw] prohibited prohibited prohibited prohibited
 Palau permitted[cx] prohibited prohibited prohibited prohibited prohibited
 Palestine permitted[cy] prohibited[cy] prohibited[cy] prohibited[cy] prohibited prohibited
 Panama[328][329] no limit prohibited 2 months 24 weeks prohibited prohibited
 Papua New Guinea[330] permitted prohibited[cz] prohibited prohibited prohibited prohibited
 Paraguay[334] permitted prohibited prohibited prohibited prohibited prohibited
 Peru[335] 22 weeks 22 weeks prohibited prohibited prohibited prohibited
 Philippines[336] prohibited[da] prohibited prohibited prohibited prohibited prohibited
 Poland[339] no limit no limit 13 weeks prohibited[db] prohibited[dc] prohibited
 Portugal[342] no limit no limit 16 weeks 24 weeks 10 weeks 10 weeks
 Qatar[343][344] no limit 4 months prohibited 4 months prohibited prohibited
 Romania[345] no limit permitted permitted permitted permitted 14 weeks
 Russia[346][347][348] permitted permitted 22 weeks no limit 12 weeks 12 weeks
 Rwanda[349] no limit no limit 22 weeks no limit prohibited prohibited
 Saint Kitts and Nevis permitted permitted[dd] prohibited prohibited prohibited prohibited
 Saint Lucia[352] no limit no limit 12 weeks prohibited prohibited prohibited
 Saint Vincent and the Grenadines[353] permitted permitted permitted permitted permitted prohibited
 Samoa[354] 20 weeks 20 weeks prohibited prohibited prohibited prohibited
 San Marino[355] viability[de] viability viability 12 weeks[df] 12 weeks 12 weeks
 São Tomé and Príncipe[33] no limit no limit no limit 16 weeks 12 weeks 12 weeks
 Saudi Arabia[356] no limit 4 months 40 days[dg] 40 days[dg] prohibited prohibited
 Senegal permitted[dh] prohibited[dh] prohibited prohibited prohibited prohibited
 Serbia[363][364] no limit no limit no limit no limit 10 weeks 10 weeks
 Seychelles 12 weeks[di] 12 weeks[di] 12 weeks[di] 12 weeks[di] prohibited prohibited
 Sierra Leone permitted[dj] permitted[dj] prohibited prohibited prohibited prohibited
 Singapore[374] no limit no limit 24 weeks 24 weeks 24 weeks 24 weeks
 Slovakia[375][376] no limit permitted[dk] 12 weeks no limit 12 weeks 12 weeks
 Slovenia[377] no limit no limit 10 weeks 10 weeks 10 weeks 10 weeks
 Solomon Islands[378] permitted prohibited prohibited prohibited prohibited prohibited
 Somalia[379][380][dl] permitted[dm] prohibited prohibited prohibited prohibited prohibited
 South Africa no limit 20 weeks 20 weeks no limit 20 weeks 12 weeks
 South Korea[dn] permitted permitted permitted permitted permitted[do] permitted[do]
 South Ossetia[386] permitted permitted permitted permitted 22 weeks 12 weeks
 South Sudan[387] permitted prohibited prohibited prohibited prohibited prohibited
 Spain[388] 22 weeks 22 weeks 14 weeks 22 weeks[dp] 14 weeks 14 weeks
 Sri Lanka[389] permitted prohibited prohibited prohibited prohibited prohibited
 Sudan[390] no limit prohibited 90 days[dq] prohibited prohibited prohibited
 Suriname permitted[dr] prohibited prohibited prohibited prohibited prohibited
 Sweden[392] no limit no limit 18 weeks 18 weeks 18 weeks 18 weeks
 Switzerland[393] no limit no limit 12 weeks 12 weeks 12 weeks 12 weeks
 Syria[394] permitted prohibited prohibited prohibited prohibited prohibited
 Taiwan[395][396] no limit no limit 24 weeks no limit 24 weeks prohibited
 Tajikistan[397] permitted 22 weeks 22 weeks 22 weeks 22 weeks 12 weeks
 Tanzania[ds] no limit permitted[dt] prohibited prohibited prohibited prohibited
 Thailand[401][402] no limit no limit no limit no limit 20 weeks 20 weeks
 Togo[403] permitted permitted permitted permitted prohibited prohibited
 Tonga permitted[du] prohibited prohibited prohibited prohibited prohibited
 Transnistria[406][407] no limit no limit 22 weeks no limit 22 weeks 12 weeks
 Trinidad and Tobago permitted[dv] permitted[dv] prohibited prohibited prohibited prohibited
 Tunisia[22] no limit no limit 3 months no limit 3 months 3 months
 Turkey[411][412][413] no limit 10 weeks 20 weeks no limit 10 weeks 10 weeks
 Turkmenistan[414] no limit no limit permitted permitted 22 weeks 5 weeks
 Tuvalu[415] permitted prohibited prohibited prohibited prohibited prohibited
 Uganda 28 weeks 28 weeks 28 weeks 28 weeks prohibited prohibited
 Ukraine[416] 22 weeks 22 weeks 22 weeks 22 weeks 12 weeks[dw] 12 weeks[dw]
 United Arab Emirates[419][420] no limit 120 days[dx] 120 days no limit prohibited[dx] prohibited[dx]
 United Kingdom [subdivisions] no limit no limit permitted[dy] no limit 24 weeks[dy] varies[dz]
    England[427] no limit no limit permitted[dy] no limit 24 weeks[dy] prohibited
    Northern Ireland[426] no limit no limit permitted[dy] no limit 24 weeks[dy] 12 weeks
    Scotland[427] no limit no limit permitted[dy] no limit 24 weeks[dy] prohibited
    Wales[427] no limit no limit permitted[dy] no limit 24 weeks[dy] prohibited
 United States[428] [subdivisions] no limit varies[ea] varies[ea] varies[ea] varies[ea] varies[ea]
    Alabama[429] no limit no limit prohibited prohibited[eb] prohibited prohibited
    Alaska no limit no limit no limit no limit no limit no limit
    Arizona[431][432] no limit no limit 15 weeks[ec] 15 weeks[ec] 15 weeks[ec] 15 weeks[ec]
    Arkansas[434][435] no limit prohibited prohibited prohibited prohibited prohibited
    California[ed] no limit no limit viability viability viability viability
    Colorado no limit no limit no limit no limit no limit no limit
    Connecticut no limit no limit viability viability viability viability
    Delaware no limit no limit viability no limit viability viability
    District of Columbia no limit no limit no limit no limit no limit no limit
    Florida[436][437] no limit no limit 15 weeks 15 weeks[ee] 15 weeks 15 weeks
    Georgia[438][439][440] no limit no limit 22 weeks[ef] no limit heartbeat[eg] heartbeat[eg]
    Hawaii no limit no limit viability viability viability viability
    Idaho[441] no limit no limit[eh] 15 weeks[ei] prohibited prohibited prohibited
    Illinois no limit no limit viability viability viability viability
    Indiana[444][445] no limit no limit 12 weeks[ej] prohibited[ek] prohibited prohibited
    Iowa[446][447][448] no limit no limit 22 weeks[ef] heartbeat[eg][el] heartbeat[eg] heartbeat[eg]
    Kansas no limit no limit 22 weeks 22 weeks 22 weeks 22 weeks
    Kentucky[449][450] no limit no limit prohibited prohibited prohibited prohibited
    Louisiana[451] no limit no limit prohibited prohibited[em] prohibited prohibited
    Maine[453] no limit no limit viability[en] viability[en] viability[en] viability
    Maryland[454] no limit no limit viability[eo] no limit viability[eo] viability[eo]
    Massachusetts no limit no limit 24 weeks no limit 24 weeks 24 weeks
    Michigan[ed][457] no limit no limit no limit no limit no limit no limit
    Minnesota[458][459] no limit no limit no limit no limit no limit no limit
    Mississippi[460][461][462] no limit prohibited 20 weeks prohibited prohibited prohibited
    Missouri[463] no limit no limit prohibited[ep] prohibited[ep] prohibited[ep] prohibited[ep]
    Montana no limit no limit viability viability viability viability
    Nebraska[465][466] no limit no limit 22 weeks[ef] 12 weeks 12 weeks 12 weeks
    Nevada no limit no limit 24 weeks 24 weeks 24 weeks 24 weeks
    New Hampshire[467] no limit no limit 24 weeks no limit 24 weeks 24 weeks
    New Jersey no limit no limit no limit no limit no limit no limit
    New Mexico[468] no limit no limit no limit no limit no limit no limit
    New York no limit no limit 24 weeks[eq] 24 weeks[eq] 24 weeks[eq] 24 weeks[eq]
    North Carolina[470] no limit no limit 20 weeks 12 weeks[er] 12 weeks 12 weeks
    North Dakota[471][472] no limit no limit viability[es] viability[es] viability[es] viability[es]
    Ohio[473][474][475] no limit no limit viability viability viability viability
    Oklahoma[476][477] no limit prohibited prohibited prohibited prohibited prohibited
    Oregon no limit no limit no limit no limit no limit no limit
    Pennsylvania no limit no limit 24 weeks 24 weeks 24 weeks 24 weeks
    Rhode Island no limit no limit viability viability viability viability
    South Carolina[478][479][480] no limit no limit 12 weeks no limit heartbeat[eg] heartbeat[eg]
    South Dakota[481] no limit prohibited prohibited prohibited prohibited prohibited
    Tennessee[482] no limit no limit prohibited prohibited prohibited prohibited
    Texas[483][484] no limit prohibited prohibited prohibited prohibited prohibited
    Utah[485][486][487] no limit no limit no limit 18 weeks[et][es] 18 weeks[es] 18 weeks[es]
    Vermont[ed] no limit no limit no limit no limit no limit no limit
    Virginia no limit no limit 6 months 6 months 6 months 6 months
    Washington[488] no limit no limit viability viability viability viability
    West Virginia[489] no limit no limit 11 weeks[eu] prohibited[ev] prohibited prohibited
    Wisconsin[490][491][492] no limit no limit[es] 22 weeks[ef][es] 22 weeks[ef][es] 22 weeks[ef][es] 22 weeks[ef][es]
    Wyoming[493][494][495] no limit no limit viability viability viability[es] viability[es]
 Uruguay[496][497] no limit no limit 14 weeks[ew] no limit 12 weeks[ew] 12 weeks
 Uzbekistan[499] permitted 22 weeks 22 weeks 22 weeks 22 weeks 12 weeks
 Vanuatu[500] permitted permitted[ex] prohibited prohibited prohibited prohibited
 Vatican City prohibited[ey] prohibited prohibited prohibited prohibited prohibited
 Venezuela[508][509] 22 weeks prohibited prohibited prohibited prohibited prohibited
 Vietnam[510][511] permitted permitted permitted permitted permitted 22 weeks[ez]
 Yemen[515] permitted prohibited prohibited prohibited prohibited prohibited
 Zambia[516] permitted permitted permitted permitted permitted prohibited
 Zimbabwe[517][518] 22 weeks 22 weeks 22 weeks[fa] 22 weeks prohibited[fb] prohibited[fb]

Autonomous jurisdictions

[edit]

The table below summarizes the legal grounds for abortion in autonomous jurisdictions not included in the previous table.

Legal grounds on which abortion is permitted in other autonomous jurisdictions
Jurisdiction Risk to life Risk to health Rape Fetal impairment Economic or social On request
 Akrotiri and Dhekelia[521] permitted permitted permitted[fc] permitted permitted[fc] prohibited
 American Samoa[522] permitted permitted prohibited prohibited prohibited prohibited
 Anguilla[523] no limit 28 weeks prohibited 28 weeks prohibited prohibited
 Aruba[524] permitted[fd] prohibited prohibited prohibited prohibited prohibited
 Bermuda[525] permitted permitted permitted permitted prohibited prohibited
 British Virgin Islands[526] no limit 28 weeks prohibited 28 weeks prohibited prohibited
 Cayman Islands[527] permitted prohibited prohibited prohibited prohibited prohibited
 Cook Islands[528][fe] permitted permitted[ff] prohibited prohibited prohibited prohibited
 Curaçao[532] permitted[fd] prohibited[fg] prohibited[fg] prohibited[fg] prohibited[fg] prohibited[fg]
 Falkland Islands[534] no limit no limit permitted[fc] no limit 24 weeks[fc] prohibited
 Faroe Islands[535] no limit no limit 16 weeks 16 weeks prohibited[fh] prohibited
 Gibraltar[536] no limit no limit 12 weeks[fi] no limit 12 weeks[fc] prohibited
 Greenland[538] no limit no limit no limit no limit no limit 12 weeks
 Guam[539][540] no limit no limit[fj] 26 weeks[fj] 26 weeks[fj] 13 weeks[fj] 13 weeks[fj]
 Guernsey [subdivisions] permitted[fk] permitted[fk] varies[fl] varies[fl] varies[fl] prohibited
    Alderney[543][fm] permitted[fk] permitted[fk] prohibited[fm] prohibited[fm] prohibited[fm] prohibited
    Guernsey[544] no limit no limit permitted[fc] no limit 24 weeks[fc] prohibited
    Sark[543] permitted[fk] permitted[fk] prohibited prohibited prohibited prohibited
 Isle of Man[547] no limit no limit 23 weeks no limit 23 weeks 14 weeks
 Jersey[548] no limit no limit 12 weeks 24 weeks 12 weeks 12 weeks
 Montserrat[549] no limit viability prohibited viability prohibited prohibited
 Niue permitted[fn] permitted[fn] prohibited prohibited prohibited prohibited
 Northern Mariana Islands[555] prohibited[fo] prohibited[fo] prohibited[fo] prohibited[fo] prohibited[fo] prohibited[fo]
 Pitcairn Islands[fp] no limit no limit permitted[dy] no limit 24 weeks[dy] prohibited
 Puerto Rico[559] no limit no limit no limit[fq] no limit[fq] no limit[fq] prohibited[fq]
 Saint Helena, Ascension and Tristan da Cunha[fr] no limit no limit permitted[dy] no limit 24 weeks[dy] prohibited
 Sint Maarten[564] permitted[fd] prohibited[fs] prohibited[fs] prohibited[fs] prohibited[fs] prohibited[fs]
 Tokelau[565] permitted[ft] permitted[ft] prohibited prohibited prohibited prohibited
 Turks and Caicos Islands[567] permitted[fu] permitted[fu] prohibited prohibited prohibited prohibited
 United States Virgin Islands[568] no limit no limit 24 weeks 24 weeks 24 weeks 24 weeks

Comparative limits for countries with elective abortions

[edit]

Legal limits may not be directly comparable. Limits may be expressed in trimesters, months, weeks of pregnancy (implantation), weeks from fertilization, or weeks from last menstrual period (LMP).

A country map of Europe color-coded for abortion access.
Color-coded map illustrating the term limits of elective abortion in Europe (in weeks from last menstrual period, fertilization or implantation)
  Illegal
  Legal but generally unavailable (Northern Ireland)
  Legal first 5 weeks (Turkmenistan)
  Legal first 10 weeks
  Legal first 11 weeks (Estonia)
  Legal first 12 weeks
  Legal first 13 weeks (3 months, Austria, Tunisia)
  Legal first 14 weeks
  Legal first 18 weeks
  Legal first 22 weeks (Iceland)
  Legal first 24 weeks
  Technically illegal, but generally available through 12 weeks (Finland)
  Technically illegal, but generally available through 24 weeks (Great Britain)
  Technically 12 weeks, but generally available through 22 weeks (ex-USSR)
  Technically 12 weeks, but generally available through 28 weeks (ex-USSR)
  Legal if the pregnancy is not from marriage; generally available under exemptions (Israel)
A state map of the United States color-coded for abortion access. A number of U.S. states in the center and especially south of the country have banned abortion apart from certain medical exceptions. In contrast, abortion is available on demand without a mandated time limit in Alaska, Colorado, Minnesota, New Jersey, New Mexico, Oregon, Vermont, and Washington, D. C. Because the situation is changing rapidly, please see the article text for details.
Status of elective abortion in the United States
  Illegal, limited exceptions[fv]
  Legal, but no providers
  Legal before cardiac-cell activity[fw]
  Legal through 12th week LMP*
  Legal through 15th week LMP* (1st trimester)
  Legal through 18th week LMP*
  Legal through 22nd week LMP* (5 months)
  Legal before fetal viability[fx]
  Legal through 24th week LMP* (5½ months)
  Legal through second trimester[fy]
  Legal at any stage
*LMP is the time since the last menstrual period began.
This color-coded map illustrates the current legal status of elective-specific abortion procedures in each of the individual states, U.S. territories, and federal district.[fv] A colored border indicates a more stringent restriction or ban that is blocked by legal injunction.
A provincial map of the Canada color-coded for abortion access. Abortion is legal at all stages in Canada, but availability is subject to medical guidelines.
Color-coded map illustrating availability of abortion in Canada, in weeks of embryonic age (from fertilization). Abortion is legal at all stages in Canada, but availability is subject to medical guidelines.
  Available first 12 weeks (PEI)
  Available first 13 weeks
  Available first 16 weeks
  Available first 19 weeks
  Available first 20 weeks
  Available first 24 weeks
  Available first 25 weeks

Countries with more restrictive laws

[edit]
Supporter of legalized abortion at a rally in Paraná, Argentina. Argentina had restrictive laws until 2021.

According to a report by Women on Waves,[better source needed] approximately 25% of the world's population[as of?] lives in countries with "highly restrictive abortion laws"—that is, laws which either completely ban abortion, or allow it only to save the mother's life. This category includes several countries in Latin America, Africa, Asia and Oceania, as well as Andorra and Malta in Europe.[569] The Center for Reproductive Rights report that "[t]he inability to access safe and legal abortion care impacts 700 million women of reproductive age."[570]

Some of the countries of Central America, notably El Salvador, have also come to international attention due to very forceful enforcement of the laws, including the incarceration of a gang-rape victim for homicide when she gave birth to a stillborn son and was accused of attempting an illegal abortion.[571][572][573]

El Salvador has some of the strictest abortion laws of any country. Abortion under all circumstances, including rape, incest, and risk to the mother's health, is illegal. Women can be criminalized and penalized to up to 40 years in prison after being found guilty of an abortion. El Salvador's abortion laws are so severe that miscarriages and stillbirths can sometimes be enough for conviction. The Inter-American Court has already ruled that El Salvador was responsible for the death of Manuela, who was sentenced to 30 years in prison in 2008 for aggravated homicide after suffering an obstetric emergency that resulted in her losing her pregnancy.[574][575]

Beginning of pregnancy controversy

[edit]
Main article: Beginning of pregnancy controversy

Controversy over the beginning of pregnancy occurs in different contexts, particularly in a legal context, and is particularly discussed within the abortion debate from the point of measuring the gestational age of the pregnancy. Pregnancy can be measured from a number of convenient points, including the day of last menstruation, ovulation, fertilization, implantation and chemical detection. A common medical way to calculate gestational age is to measure pregnancy from the first day of the last menstrual cycle.[fz] However, not all legal systems use this measure for the purpose of abortion law; for example countries such as Belgium, France, and Luxembourg use the term "pregnancy" in the abortion law to refer to the time elapsed from the sexual act that led to conception, which is presumed to be 2 weeks after the end of the last menstrual period.[ga]

Exceptions in abortion law

[edit]

Exceptions in abortion laws occur either in countries where abortion is as a general rule illegal or in countries that have abortion on request with gestational limits. For example, if a country allows abortion on request until 12 weeks, it may create exceptions to this general gestation limit for later abortions in specific circumstances.[581]

There are a few exceptions commonly found in abortion laws. Legal domains which do not have abortion on demand will often allow it when the health of the mother is at stake. "Health of the mother" may mean something different in different areas: for example, prior to December 2018, Ireland allowed abortion only to save the mother's life, whereas abortion opponents in the United States argue health exceptions are used so broadly as to render a ban essentially meaningless.[582]

Laws allowing abortion in cases of rape or incest often differ. For example, before Roe v. Wade, thirteen U.S. states allowed abortion in the case of either rape or incest, but only Mississippi permitted abortion of pregnancies due to rape, and no state permitted it for just incest.[583]

Many[vague] countries allow abortion only through the first or second trimester, and some may allow abortion in cases of fetal defects, e.g., Down syndrome, or where the pregnancy is the result of a sexual crime.

[edit]
Main article: Legal protection of access to abortion

Laws in some countries with liberal abortion laws protect access to abortion services. Such legislation often seeks to guard abortion clinics against obstruction, vandalism, picketing, and other actions, or to protect patients and employees of such facilities from threats and harassment. Other laws create a perimeter around a facility, known variously as a "buffer zone", "bubble zone", or "access zone", where demonstrations opposing abortion are not permitted. Protests and other displays are restricted to a certain distance from the building, which varies depending on the law. Similar zones have also been created to protect the homes of abortion providers and clinic staff. Bubble zone laws are divided into "fixed" and "floating" categories. Fixed bubble zone laws apply to the static area around the facility itself, and floating laws to objects in transit, such as people or cars.[584] Because of conflicts between anti-abortion activists on one side and women seeking abortion and medical staff who provides abortion on the other side, some laws are quite strict: in South Africa for instance, any person who prevents the lawful termination of a pregnancy or obstructs access to a facility for the termination of a pregnancy faces up to 10 years in prison (section 10.1 (c) of the Choice on Termination of Pregnancy Act[585]).

On 3 November 2020, an association of 20 Kenyan charities urged the government of Kenya to withdraw from the Geneva Consensus Declaration (GCD), a US-led international accord that sought to limit access to abortion for girls and women around the world. GCD was signed by 33 nations, on 22 October 2020.[586]

Judicial decisions

[edit]
This is a dynamic list and may never be able to satisfy particular standards for completeness. You can help by adding missing items with reliable sources.
Year Jurisdiction Description Abortion access affirmed or expanded?
1879  Canada Abortion trial of Emily Stowe
1938  United Kingdom Rex v Bourne
Abortion in case of risk to physical or mental health included in risk to life. The decision was also implemented by some British territories and their successors.[369]		 Yes
1952  Canada Azoulay v R[587]
1969  Victoria (Australia) R v Davidson[gb]
Abortion allowed in case of risk to life, and physical or mental health.[588]		 Yes
1971  United States United States v. Vuitch Restrictions upheld
 New South Wales (Australia) R v Wald
Abortion in case of socioeconomic reasons included in risk to physical or mental health.		 Yes
1973  United States Doe v. Bolton
Abortion allowed after viability if necessary to protect her health.
Roe v. Wade
Abortion allowed on demand in the entire country.
1975  Germany German Federal Constitutional Court abortion decision Law restricted
1976  Canada Morgentaler v R Restrictions upheld
 United States Planned Parenthood v. Danforth Legalization upheld
1979 Maher v. Roe
Colautti v. Franklin
1980  Puerto Rico Pueblo v. Duarte
Application of Roe v. Wade to Puerto Rico.[559]		 Yes
 United States Harris v. McRae
1981 H. L. v. Matheson Restrictions upheld
 Israel A. v. B.
Paternal consent not required.		 Yes
1983  United States City of Akron v. Akron Center for Reproductive Health
1986 Thornburgh v. American College of Obstetricians and Gynecologists
1988  Canada R v Morgentaler Yes
1989 Borowski v Canada (AG)
 United States Webster v. Reproductive Health Services Restrictions upheld
 Canada Tremblay v Daigle Yes
1990  United States Hodgson v. Minnesota
1991 Rust v. Sullivan
1992  Ireland Attorney General v X
Abortion allowed in case of risk to life, including risk of suicide.		 Yes
 United States Planned Parenthood v. Casey
1993 Bray v. Alexandria Women's Health Clinic
 Germany 2 BvF 2/90[173]
 Canada R v Morgentaler Yes
1995  New South Wales (Australia) CES v. Superclinics
Physical or mental health should be considered not only during the pregnancy but also after the birth.
1997  Poland K 26/96
Abortion for economic or social reasons ruled unconstitutional.[341]		 Law restricted
 United States Thornburgh v. American College of Obstetricians and Gynecologists
1998  South Africa Christian Lawyers Association v Minister of Health
Law allowing abortion on demand ruled constitutional.		 Legalization upheld
2000  United States Hill v. Colorado
Stenberg v. Carhart
Supreme Court struck down Nebraska's partial-birth abortion ban.		 Yes
2001  Argentina T., S. v. Government of Buenos Aires City[589]
2003  United States Scheidler v. National Organization for Women
2006 Ayotte v. Planned Parenthood of Northern New England
Scheidler v. National Organization for Women
Gonzales v. Carhart
Supreme Court upheld the Partial-Birth Abortion Ban Act of 2003.		 Restrictions upheld
 Colombia Constitutional Court allowed abortion in case of danger to woman's life or health, rape, and fetal deformation.[123] Yes
 Council of Europe D v Ireland
 New South Wales (Australia) R v Sood[590]
2007  Council of Europe Tysiąc v Poland[591]
 Slovakia Constitutional Court ruled law allowing abortion on demand constitutional.[592] Legalization upheld
2008  Nepal Achyut Kharel v. Government of Nepal [593]
2009  Council of Europe A, B and C v Ireland
The court rejected the argument that article 8 conferred a right to abortion, but found that Ireland had violated the European Convention on Human Rights by failing to provide an accessible and effective procedure by which a woman can have established whether she qualifies for a legal abortion.		 Yes
 Nepal Lakshmi v. Government of Nepal
Supreme Court upheld and expanded legal abortion.[594]
2011  United Kingdom British Pregnancy Advisory Service v Secretary of State for Health[595]
2012  Argentina F., A. L.
Abortion allowed in case of rape of any woman, regardless of her mental health.[596]		 Yes
 Brazil ADPF 54
Abortion allowed in case of anencephaly.[597]
 Council of Europe P. and S. v. Poland[598]
2013  El Salvador Case of "Beatriz"[599]
2014  Bolivia Ruling 0206/2014[600]
 Ireland P.P. v. Health Service Executive
2015  Dominican Republic Constitutional Court ruled law allowing abortion in certain cases unconstitutional.[601] Law restricted
 Rwanda RPA 0787/15/HC/KIG[602]
2016  United States Whole Woman's Health v. Hellerstedt Yes
 United Nations Mellet v Ireland
2017  Chile Constitutional Court ruled law allowing abortion in certain cases constitutional.[117] Yes
 Croatia Constitutional Court ruled law allowing abortion on demand constitutional.[603] Legalization upheld
2018  United Kingdom Northern Ireland Human Rights Commission v Department of Justice[604]
2019  South Korea Abortion allowed on request. Decision took effect in 2021.[384] Yes
 Australia Clubb v Edwards
 Kenya FIDA-Kenya and Others v. Attorney General and Others
Abortion allowed in case of rape.[213]		 Yes
2020  Poland K 1/20
Abortion in case of fetal deformity ruled unconstitutional. The decision was implemented on 27 January 2021.[340]		 Law restricted
 Thailand Ruling No. 4/2563[605]
 Colombia Constitutional Court ruled law allowing abortion in certain cases constitutional rejecting both total ban and legalization.[606] Law upheld
2021  Ecuador Abortion allowed in case of rape of any woman, regardless of her mental health.[150] Yes
 Mexico Deadlines in case of pregnancy after rape ruled unconstitutional.[252][253]
Penalties for abortion ruled unconstitutional.[41][42]
[607]
[608][609]
 Inter-American Court of Human Rights Manuela and Others v. El Salvador[610]
 United States United States v. Texas Restrictions upheld
Whole Woman's Health v. Jackson
2022  Colombia Constitutional Court decriminalized abortion up to 24 weeks of gestation.[40] Yes
 United States Dobbs v. Jackson Women's Health Organization

States may now ban or restrict abortion before viability, Roe v. Wade and Planned Parenthood v. Casey overturned.

Law restricted
 India Abortion allowed under the same criteria regardless of marital status.[611] Yes
2023  Mexico Abortion allowed at federal health facilities anywhere in the country.[250][251] Yes

See also

[edit]

Notes

[edit]
  1. ^ Mainland China.
  2. ^ a b In 2021, the Chinese government issued guidelines reducing "non-medically necessary" abortions as a "step toward women's development".[17] The guidelines do not provide detail on what a "non-medically necessary" abortion is, nor what specific policies the government has planned to achieve this goal.[18][19]
  3. ^ The law from 1957 legalizing the abortion on request was limited in 1962 when additional approval for each abortion had to be obtained from so called Abort Commission (which rejected about 15% of the requests). The Abort Commissions were abolished by law in 1986. Until 1993 each approved abortion was paid by state.[20][21]
  4. ^ In some parts of Overseas France, abortion on request became legal in 2001.[23][24][25]
  5. ^ Year when all subnational jurisdictions legalized abortion on request.
  6. ^ a b Including Svalbard.[315]
  7. ^ The law legalizing abortion on request was approved in 1978 and came into force in 1979.[26]
  8. ^ In the Caribbean Netherlands, abortion on request became legal in 2011.[27][28]
  9. ^ After explicit legalization struck down by supreme court decision, the law only removes punishment for abortion on request but with no statement about its legality.
  10. ^ The law legalizing abortion on request was approved in 1995 and came into force in 1996.[32]
  11. ^ The law legalizing abortion on request was approved in 2014 and came into force in 2015.[34]
  12. ^ The law legalizing abortion on request was approved in 2018 and came into force in 2019.[35]
  13. ^ The law legalizing abortion on request was approved in 2020 and came into force in 2021.[36]
  14. ^ a b Including Åland.[162]
  15. ^ a b c The law of the Islamic Republic of Afghanistan consisted primarily of statutory law and a limited use of Islamic jurisprudence.[48] The Afghan penal code criminalized abortion and only removed the penalty if the abortion was prescribed by a doctor to save the woman's life,[49][50] but other sources said that Afghanistan also allowed abortion in case of fetal impairment,[51] and rarely for economic reasons if accepted by a religious council.[52] After the 2021 Taliban offensive, the new government announced its intention to implement Islamic law exclusively, and it is unclear which legal grounds for abortion it accepts.[53]
  16. ^ The UN source says that this ground is not explicitly mentioned in the law but it is accepted as a general legal principle.[55] However, other sources say that abortion is not legally allowed under any circumstance in Andorra.[56]
  17. ^ The UN source incorrectly shows Angola as allowing abortion on request, citing a penal code draft from 2014 that did not become law.[57] The version of the penal code enacted in 2020 and entered into force in 2021 allows abortion only in certain circumstances.[58]
  18. ^ A 2001 UN source says that abortion must be performed within the first 16 weeks and that it may be permitted after this period under very exceptional circumstances.[60]
  19. ^ Before independence, a judicial decision in the parent country allowed abortion for this ground, but the decision has not been explicitly recognized by Antigua and Barbuda.[60][61]: 14 
  20. ^ Abortion for this ground is permitted in all subdivisions except the Northern Territory.[64][65]
  21. ^ Applies the laws of Western Australia.[68]
  22. ^ Applies the laws of Western Australia.[69]
  23. ^ Applies the laws of the Australian Capital Territory.[70]
  24. ^ Most laws of New South Wales and Queensland, including their abortion laws, are set to apply to Norfolk Island after 2026.[72][73] The Criminal Code of Norfolk Island, which remains in force in the territory, does not prohibit abortion.[74]
  25. ^ Abortion up to 24 weeks may be performed if the medical practitioner considers the abortion is appropriate in all the circumstances, having regard to all relevant medical circumstances, the woman's current and future physical, psychological and social circumstances, and professional standards and guidelines. Later abortion may be performed, if two medical practitioners consider the abortion is appropriate in all the circumstances, having regard to the mentioned matters.[75] These criteria are not considered as allowing abortion on request.[64][65]
  26. ^ a b c If the woman was under age 14 when getting pregnant, no limit is specified.
  27. ^ a b c The penal code says that abortion is permitted for therapeutic purposes but is unclear whether it means only to save the woman's life or also to preserve her health. The UN source marks it as a permitted ground.
  28. ^ a b c d e The UN source marks it as a legal ground because the Penal Code explicitly prohibits abortion only if performed without the consent of the woman and of a medical practitioner.[84] However, the decree regulating medical practice prohibits abortion unless the pregnancy threatens the woman's life.[85]
  29. ^ a b c d e The UN source does not explicitly mark this legal ground for abortion but says that "Menstrual regulation is available on request for women with a last menstrual period of 10 weeks or less."[46]
  30. ^ The law permits abortion for medical reasons without gestational limit, for social reasons up to 22 weeks of gestation, and on request up to 12 weeks of gestation.[87] By regulation, fetal impairment is included as a medical reason,[88] and rape is included as a social reason.[89]
  31. ^ a b c Defined as 12 weeks from conception, considered as 14 weeks from the last menstrual period.[91]
  32. ^ The penal code prohibits abortion except to save the woman's life, when the pregnancy is a result of rape or incest, or when the woman is of unsound mental condition.[94] Guidelines for health workers mention grounds of risk to the woman's health and fetal impairment, and define a gestational limit of 180 days.[95]
  33. ^ a b This ground is only cited in guidelines for health workers, not by law.[94][95]
  34. ^ This ground is established by a regulation implementing a judicial decision, although it is not mentioned in the decision itself or in the law.[96]
  35. ^ a b Continues to apply the abortion law of the Socialist Republic of Bosnia and Herzegovina.[97][98]
  36. ^ The penal code criminalizes abortion except if done to save the woman's life or if the pregnancy is the result of rape.[101] Due to a decision by the Supreme Federal Court, abortion is also permitted in case of anencephaly, and it may also be authorized by court order in other fatal cases of fetal impairment.[102][103][104]
  37. ^ The penal code says that social demands are taken into account in a conviction for abortion.[108] It is unclear if this circumstance reduces the penalty or may remove it.
  38. ^ There is no abortion law in Canada, but its subdivisions and professional bodies have regulations restricting the procedure to various grounds or gestational limits.[111][112]
  39. ^ The penal code says that abortion may be permitted to an underage woman in a state of grave distress up to 8 weeks.[114]
  40. ^ If the woman is under age 14, the gestational limit is 14 weeks.
  41. ^ Abortion for this ground is permitted in mainland China and Hong Kong, but not in Macau.
  42. ^ Abortion for this ground is permitted in mainland China, but not in Hong Kong or Macau.
  43. ^ a b c d e f This ground is not explicitly mentioned in the law but it is established by judicial decision.[122][123][40]
  44. ^ a b This ground is not explicitly mentioned in the law.[125] The Charter of Rights and Freedoms, which is declared to be an integral part of the constitution, says that "Abortion, other than therapeutic, is prohibited and punishable by law."[126] It is unclear whether the therapeutic ground means only to save the woman's life or also to preserve her health. The UN source says that only the ground to save the woman's life is accepted as a general legal principle.[44]
  45. ^ A judicial pardon may be granted to the woman for an abortion on this ground.[127]
  46. ^ In some cases, the gestational limit is 12 or 24 weeks.
  47. ^ This ground is not explicitly mentioned in the law but it is accepted as a general legal principle, allowed by regulation and established by treaty.[134][135]
  48. ^ a b c This ground is not explicitly mentioned in the law but it is established by treaty, whose application is requested by the Constitutional Court.[134][136]
  49. ^ If the woman is of young age or immature and so unable to care for the child in a proper way, no limit is specified.
  50. ^ Before independence, a judicial decision in the parent country allowed abortion for this ground, but the decision has not been explicitly recognized by Dominica.[142]
  51. ^ The UN source says that this ground is not explicitly mentioned in the law but it is accepted as a general legal principle. However, other sources say that abortion is not legally allowed under any circumstance in the Dominican Republic.[144][145]
  52. ^ The UN source shows East Timor as allowing abortion also in case of risk to the woman's health or fetal impairment, citing the penal code enacted in March 2009 and entered into force in June 2009.[146][147] However, the penal code was amended in July 2009 to restrict abortion only to save the woman's life.[148][147][149]
  53. ^ This ground is explicitly mentioned in the law only in case of rape of a woman with a mental disability, but it is also established by judicial decision in case of rape of any woman.[150]
  54. ^ a b c Abortion is permitted if the woman is under age 18.
  55. ^ a b c If the woman is under age 15 or over age 45, the gestational limit is 22 weeks.
  56. ^ Permitted up to 28 weeks of gestation if the woman is unfit to raise the child due to a physical or mental disability or for being under age 18. The penalty for abortion may be mitigated in case of extreme poverty.[158][159]
  57. ^ Including Overseas France.[165]
  58. ^ a b c Defined as 14 weeks of pregnancy, considered as 16 weeks from the last menstrual period.[166]
  59. ^ The penal code says that abortion may be permitted to an underage woman in a state of grave distress up to 10 weeks.
  60. ^ a b c The criminal code specifies that abortion is not deemed an offence if the woman requests it, she has obtained counselling, and it is done by a physician within 12 weeks from conception. (Also, the woman is not punished for an abortion within 22 weeks if the other conditions are fulfilled.) The woman's living conditions are also taken into account in the indication of a serious risk to her health.[173][174]
  61. ^ a b If the woman is a minor or incapable of resisting, the gestational limit is 19 weeks.
  62. ^ a b If the woman is HIV-positive or contraception failure, the gestational limit is 16 weeks.
  63. ^ A new penal code, published by presidential decree on 24 June 2020, would allow abortion on request in the first 12 weeks of pregnancy, and in case of risk to the woman's physical or mental health, rape or incest.[181] The code is set to take effect on 19 June 2025 unless modified before then.[182]
  64. ^ a b c This ground is not explicitly mentioned in the law but it is accepted as a general legal principle.
  65. ^ a b c Up to 18 weeks if the woman is incapacitated or did not recognize the pregnancy due to illness or medical error, or in case of failure of a health institution.[184]
  66. ^ Up to 24 weeks in case of prolongation of the diagnostic procedure, or no limit in case of fetal abnormality incompatible with life after birth.[184]
  67. ^ No limit in case of "substantial foetal abnormalities".[186]
  68. ^ Including the failure of contraception.[186]
  69. ^ This ground is not explicitly mentioned in the law,[193] but it may be included in other legal grounds if the pregnancy causes unbearable hardship, such as significant harm to mental health or risk of suicide.[194][better source needed]
  70. ^ This ground is not explicitly mentioned in the law but it is accepted as a general legal principle.[195][196]
  71. ^ a b This ground is only cited in instructions to health committees, not by law.[197]
  72. ^ a b If the risk to life or health is immediate, no gestational limit is specified.
  73. ^ a b Abortion is permitted if the woman is under age 18 or over age 40, or if she is not married or the pregnancy is not from marriage.[199]
  74. ^ a b The UN source marks it as a legal ground but it is only established by treaty, not by law and not implemented as of 2020.[201][202]
  75. ^ This ground is not explicitly mentioned in the law but it is accepted as a general legal principle and established by judicial decision.[203][204][205][206]
  76. ^ This ground is not explicitly mentioned in the law but it is established by judicial decision.[203][204][205][206]
  77. ^ This ground is not explicitly mentioned in the law but it is established by judicial decision.[213] It is also mentioned in the National Guidelines on Management of Sexual Violence.[214]
  78. ^ a b c d e f The penal code prohibits "unlawful abortion", defined as "abortion not authorized by medical doctor commission". The penal code also lists the principles of legitimate defense and necessity to save one's life, which lead to exemption from penal liability.[220] A decision by the Ministry of Health states that abortion is medically authorized, up to 28 weeks of gestation, due to certain medical conditions of the woman or fetus, rape, contraception failure, and certain socioeconomic conditions of the woman or her family.[221] A WHO source also shows Laos as allowing abortion on request up to 12 weeks of gestation, citing guidelines for health workers from 2016,[222] but they were issued before the penal code of 2017 defined "unlawful abortion" and are not mentioned in the decision by the Ministry of Health of 2021.
  79. ^ a b c If the woman is under age 13 or over age 49, no limit is specified.
  80. ^ This ground is not explicitly mentioned in the law.[233] The UN source says that it is accepted as a general legal principle,[44] but other sources say that abortion is not legally allowed under any circumstance in Madagascar.[234][235]
  81. ^ The law of Maldives is a combination of statutory and Islamic law.[238] The Maldivian penal code criminalizes abortion after 120 days of gestation, except for risk to the woman's life.[239] The Maldivian Islamic jurisprudence allows abortion only for risk to the woman's life, without gestational limit, or in cases of rape, incest, or certain medical conditions of a fetus conceived in marriage, up to 120 days of gestation.[240][241]
  82. ^ Only for certain medical conditions of a fetus conceived in marriage.[240][241]
  83. ^ a b The penal code prohibits abortion without any explicit exception,[245] but the UN source says that abortion to save the woman's life is permitted as a general legal principle.[44] The law on child protection prohibits abortion except for a "proven medical need",[246] and the law on reproductive health prohibits abortion except in case of risk to the woman's life.[247] The government has stated that the law of the country permits abortion on therapeutic grounds.[248]
  84. ^ Abortion for this ground is permitted by law in all subdivisions except Guanajuato and Querétaro. In these two states, medical professionals at federal health facilities may provide abortion without prosecution,[250][251] while others may be prosecuted but not imprisoned, and they may request judicial relief by amparo.[41][42]
  85. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am an ao ap aq ar as at Abortion for this ground is permitted by law in some states and Mexico City. In other states, medical professionals at federal health facilities may provide abortion without prosecution,[250][251] while others may be prosecuted but not imprisoned, and they may request judicial relief by amparo.[41][42]
  86. ^ a b c d The penal codes of some states specify a gestational limit for abortion in case of rape. However, in July 2021, the Supreme Court ruled that it was unconstitutional to set a limit for abortion on this ground.[252][253]
  87. ^ a b This ground is not explicitly mentioned in the law but it is established by judicial decision.[41][42]
  88. ^ a b c This ground is not explicitly mentioned in the law but it is established by judicial decision.[271]
  89. ^ a b c This ground is not explicitly mentioned in the law but it is established by judicial decision.[273]
  90. ^ a b This ground is not explicitly mentioned in the law but it is established by judicial decision.[288]
  91. ^ a b c This ground is not explicitly mentioned in the law but it is established by judicial decision.[290]
  92. ^ If the woman is under age 15 or over age 40, the gestational limit is 21 weeks.
  93. ^ In 2016, the government of Morocco proposed allowing abortion in cases of rape, incest, mental disability and fetal impairment. However, the parliament did not approve the proposal,[294][295] and as of 2021 the abortion articles in the penal code remain unchanged.[296][297]
  94. ^ May be permitted with no gestational limit in case the fetus is not viable.[298]
  95. ^ a b Up to 28 weeks if the woman has HIV or a similar incurable disease.[302][303]
  96. ^ Including the Caribbean Netherlands.[27][28]
  97. ^ a b c d e f g h i j k l m n o p q r The Criminal Code of the predecessor of Nigeria prohibited abortion except to save the woman's life. A judicial decision on a similar law in the parent country allowed abortion also to preserve the woman's health, but the West African Court of Appeal, despite applying the reasoning of the parent country's decision, affirmed only the ground to save the woman's life in Nigerian law. The Criminal Code and its judicial precedent remain in force in the southern states of Nigeria. In the states corresponding to the former Northern Region, the Penal Code replaced the Criminal Code and its judicial precedent, and it also prohibits abortion except to save the woman's life.[305][306]
  98. ^ a b c d e f The criminal law of North Korea, as amended up to 2015, does not mention abortion.[308][309] In 2015 the North Korean government issued a directive prohibiting medical professionals from performing abortions but did not indicate a penalty for doing so.[310] In 2016, the government stated that abortion was "legal" and "provided upon request by the woman concerned for reasons of risks to her life, physical and mental health and fetal malformation", but it is unclear whether these were the only permitted reasons.[311] It has also been reported that repatriated pregnant women are forced to have abortions to prevent children of mixed ethnicity.[312][313]
  99. ^ a b c May be permitted with no gestational limit in some cases.[314]
  100. ^ a b c The penal law prohibits abortion without any explicit exception, but it exempts from penal liability actions done by necessity to protect oneself or others from a severe and imminent danger, and in the practice of agreed medical activities or urgent medical intervention.[316] The law regulating medical practice prohibits abortion except for risk to the woman's life or of unbearable illness, and in case of fetal impairment up to 120 days of gestation.[317]
  101. ^ Different sources specify this limit as 120 days or four months of gestation.[320][321]
  102. ^ This ground is not explicitly mentioned in the law[322] but it is accepted as a general legal principle.[citation needed]
  103. ^ a b c d The law prohibits abortion except to save the woman's life.[323] However, some sources say that abortion may also be permitted for health reasons and in cases of rape and fetal impairment,[324][325][326] while other sources say that it is not possible to obtain an abortion in any circumstance.[327]
  104. ^ The law prohibits abortion done "unlawfully" without defining it, and it explicitly permits abortion to preserve the woman's life.[330] An opinion of the State Solicitor in 1982, based on court decisions on identical laws in the former parent country, considered that preservation of the woman's health was also a legal ground for abortion.[331][332] However, in 2018, in the case of a woman who had aborted at four months of pregnancy due to risk to health, the Supreme Court acquitted her because she had been wrongly charged for the crime of killing an unborn child, which only applies shortly before birth (section 312), but ruled that she should have still been charged for the crime of abortion (section 225).[333]
  105. ^ The law prohibits abortion without explicitly mentioning any exception,[336] but in 2014 the Supreme Court ruled that indirect abortion done to save the woman's life was permitted under the principle of double effect.[337][338]
  106. ^ This ground was mentioned in the law but it was invalidated by a judicial decision in 2020.[340]
  107. ^ This ground was mentioned in the law but it was invalidated by a judicial decision in 1997.[341]
  108. ^ This ground is not explicitly mentioned in the law but it is established by judicial decision.[350][351][61]: 14 
  109. ^ In case of risk to the woman's life after fetal viability, the pregnancy may also be interrupted by attempting a live birth.
  110. ^ Permitted until fetal viability in case of a fetal anomaly that poses a risk to the woman's health.
  111. ^ a b Abortion may also permitted up to 40 days of gestation for other reasons that are not economic or social concerns.[356][357][358]
  112. ^ a b The penal code prohibits abortion without any explicit exception,[359] but the code of medical ethics permits abortion to save the woman's life.[360][44][361] The government has stated that abortion is authorized in case of risk to the woman's health.[362]
  113. ^ a b c d In some cases, abortion may be allowed up to fetal viability or 26 weeks of gestation.[365][366]
  114. ^ a b Sierra Leone established that the laws in force in England in 1880 would be in force in Sierra Leone from 1965.[367] One of these laws prohibited abortion done "unlawfully" without defining it.[368] A judicial decision in England in 1938 clarified that this law always implicitly allowed abortion at least to save the woman's life, and the decision allowed it also to preserve her health.[369] It is unclear whether Sierra Leone applies only the original legal principle or also the judicial decision.[370][371] In 2015 the parliament of Sierra Leone passed a law allowing abortion on request but it was not signed by the president so it did not come into force.[372][373]
  115. ^ In some cases, the gestational limit is 12 weeks.
  116. ^ Including Somaliland.[381][382]
  117. ^ This ground is not explicitly mentioned in the law but it is accepted as a general legal principle.[clarification needed]
  118. ^ The laws of South Korea prohibited abortion except for risk to the woman's health, rape, incest, or certain medical conditions, up to 24 weeks of gestation.[383] On 11 April 2019, the Constitutional Court ruled that the abortion restrictions were unconstitutional, giving the legislature until the end of 2020 to amend the laws to allow abortion on request with some gestational limit. In October 2020 the government proposed a limit of 14 weeks for abortion on request and 24 weeks for certain other cases, but the legislature did not approve this or any other proposal on the subject before the end of the year, so the abortion laws became automatically invalid on 1 January 2021.[384] As of 2024, the legislature had still not approved any of the proposals, leaving abortion decriminalized without a clear gestational limit.[385]
  119. ^ a b This ground is not explicitly mentioned in the law but it is established by judicial decision.[384]
  120. ^ In case of a fatal anomaly, no limit is specified.
  121. ^ From conception.
  122. ^ This ground is not explicitly mentioned in the law[391] but it is accepted as a general legal principle.[citation needed]
  123. ^ In mainland Tanzania, articles 150 to 152 of the penal code prohibit abortion done "unlawfully", and article 230 of the same law permits abortion to preserve the woman's life. Article 219 additionally prohibits "child destruction", meaning abortion after fetal viability, presumed at 28 weeks of pregnancy, but still permits it to preserve the woman's life.[398] In Zanzibar, the penal act has equivalent articles 129 to 131, 213 and 200.[399]
  124. ^ This ground is not explicitly mentioned in the law. A judicial decision by the East African Court of Appeal, with jurisdiction over the predecessors of Tanzania, allowed abortion also to preserve the woman's health, and sources state that this decision remains binding after independence.[400]
  125. ^ This ground is not explicitly mentioned in the law[404] but it is accepted as a general legal principle.[405]
  126. ^ a b This ground is not explicitly mentioned in the law[408] but it is accepted as a general legal principle and established by judicial decision.[clarification needed][409][410]
  127. ^ a b If the woman is under age 15 or over age 45, the gestational limit is 22 weeks.[417][418]
  128. ^ a b c A Cabinet resolution on abortion, issued under the law on medical liability, permits abortion "based on the request of the spouses, after the approval of the committee", "and with the approval of the treating physician for the medical condition justifying the abortion", in the first 120 days of pregnancy.[420] These provisions are considered to permit abortion in case of risk to the woman's physical or mental health, and may also include other cases.[421][422]
  129. ^ a b c d e f g h i j k l m n This ground is not explicitly mentioned in the law but it is considered to be included in a ground for preserving physical or mental health.[423][424][425]
  130. ^ Abortion for this ground is permitted only in Northern Ireland, up to 12 weeks of gestation.[426]
  131. ^ a b c d e Abortion for this ground is not permitted in some states.
  132. ^ Permitted in case of a lethal anomaly up to 20 weeks from fertilization, considered as 22 weeks from the last menstrual period.[430][429]
  133. ^ a b c d A constitutional amendment allowing abortion up to fetal viability awaits a proclamation to take effect, expected by the end of November 2024.[433]
  134. ^ a b c This U.S. state has explicitly amended its constitution to guarantee the right to an abortion to its residents.
  135. ^ Permitted until viability if the fetus has a fatal anomaly.[436]
  136. ^ a b c d e f g Defined as 20 weeks from fertilization, considered as 22 weeks from the last menstrual period.[428]
  137. ^ a b c d e f g Prohibited after embryonic or fetal cardiac activity is detected, which is possible after approximately 6 weeks of gestation.
  138. ^ This ground is not mentioned in the state law but it is established by judicial decision based on federal law.[442]
  139. ^ Defined as 13 weeks from fertilization, considered as 15 weeks from the last menstrual period.[441][443]
  140. ^ Defined as 10 weeks from fertilization, considered as 12 weeks from the last menstrual period.[444]
  141. ^ Permitted in case of a lethal anomaly up to 20 weeks from fertilization, considered as 22 weeks from the last menstrual period.[444]
  142. ^ Permitted in case of a fetal abnormality incompatible with life up to 20 weeks from fertilization, considered as 22 weeks from the last menstrual period.[447]
  143. ^ Permitted in certain cases of fatal anomalies.[451][452]
  144. ^ a b c Abortion after viability is allowed if a physician judges it "necessary" under the "applicable standard of care".[453]
  145. ^ a b c The law states that "the State may not interfere" with abortion on this ground before viability.[454] Sources disagree whether it is actually prohibited after viability.[455][428][456]
  146. ^ a b c d A constitutional amendment allowing abortion up to fetal viability is set to take effect on 5 December 2024.[464]
  147. ^ a b c d Also allowed after this period if there is an absence of fetal viability.[469]
  148. ^ Permitted up to 24 weeks of gestation in case of a life-limiting anomaly.[470]
  149. ^ a b c d e f g h i j k l m n A law prohibits abortion on this ground or sets a lower gestational limit but it is suspended by judicial decision.
  150. ^ In case of a lethal anomaly or a severe brain abnormality, no limit is specified.
  151. ^ Defined as 8 weeks from implantation, approximately 11 weeks from the last menstrual period. If the patient is a minor or an incompetent or incapacitated adult, abortion in case of rape is permitted in the first 14 weeks from implantation, approximately 17 weeks from the last menstrual period.[489]
  152. ^ Permitted with no gestational limit if the fetus has a lethal anomaly.[489]
  153. ^ a b A judge may also remove the penalty for abortion on this ground in the first 3 months from conception.[498]
  154. ^ The penal code says that abortion is permitted for "good medical reasons"[500] but is unclear whether it means only to save the woman's life or also to preserve her health. The UN source marks it as a permitted ground.
  155. ^ The law of Vatican City is primarily based on the canon law of the Catholic Church and applies the Italian penal code in force in 1929 with local modifications.[501] Both sources of law prohibit abortion without explicitly mentioning any exception.[502][503] Article 49 of the penal code lists the principle of necessity to save one's life, which removes punishment for any action that would otherwise be a crime,[504][505] but the Church's official interpretation of canon 1398 is more restrictive, allowing in such cases only indirect abortion under the principle of double effect.[506][507]
  156. ^ Depending on the capacity at each level of hospital.[512][513][514]
  157. ^ Abortion is not permitted for rape within marriage.[519]
  158. ^ a b The 2014 Guidelines for Comprehensive Abortion Care says "In Zimbabwe termination of pregnancy may be permitted for HIV-positive women if they choose to do so."[520]
  159. ^ a b c d e f g This ground is not explicitly mentioned in the law, but the identical text in the law of the parent country is considered to include this ground in a ground for preserving physical or mental health.[423][424][425]
  160. ^ a b c This ground is not explicitly mentioned in the law but it is accepted as a general legal principle.[61]
  161. ^ The parliament has proposed a law allowing abortion also in case of risk to health, rape and fetal impairment,[529] but it has not yet been approved.[530]
  162. ^ This ground is not explicitly mentioned in the law, but it is established by a judicial decision in the parent country. A UN source states this it in unclear whether this judicial precedent also applies to the Cook Islands, but it lists this ground as permitted there.[531]
  163. ^ a b c d e Although illegal, the government does not prosecute abortions performed under rules similar to other countries, including on request.[533]
  164. ^ Permitted up to 16 weeks of gestation if medical circumstances make the woman unfit to care for her child.[535]
  165. ^ This ground is not explicitly mentioned in the law but it is considered to be included in the ground for preserving physical or mental health.[536][537]
  166. ^ a b c d e Although the law permits abortions on request, no medical providers in the territory perform them except to save the woman's life.[541][542]
  167. ^ a b c d e f In Alderney and Sark, this ground is not explicitly mentioned in the law.[543] A judicial decision on an identical law in the parent country clarified that the law always implicitly allowed abortion at least to save the woman's life, and the decision allowed it also to preserve her health.[369] It is unclear whether Alderney and Sark apply only the original legal principle or also the judicial decision.
  168. ^ a b c Abortion for this ground is permitted in the jurisdiction of Guernsey, but not in Alderney or Sark.[543][544]
  169. ^ a b c d Although not allowed by Alderney law, abortions are provided in Alderney under the same conditions as in Guernsey, as health services in Alderney operate under Guernsey law.[545] To resolve the legal contradiction, in 2022 the States of Alderney passed an abortion law identical to the one in Guernsey, and it awaits a regulation to establish the effective date.[546]
  170. ^ a b A law enacted by New Zealand for Niue in 1966 prohibited abortion done "unlawfully", without defining it,[550] but a judicial decision applicable in New Zealand allowed abortion in case of risk to the woman's life or health, and a UN source states this judicial precedent probably applies to Niue as well.[551] In 2007, New Zealand repealed the sections of law that prohibited abortion in Niue,[552] but they remain in force in Niue[553] as legislation enacted by New Zealand after 1974 does not apply to Niue without its consent.[554]
  171. ^ a b c d e f The territory's constitution prohibits abortion "except as provided by law", and the territory has no law about the subject.[555] A law from the predecessor of the territory prohibited abortion done "unlawfully" without defining it, and although predecessor laws remain in force in the territory unless modified, a judicial decision ruled this abortion law invalid for being too vague.[556] As a result, although abortion remains prohibited in principle by the constitution, abortion providers cannot be prosecuted for it as there is no law specifying a penalty. Still, in practice, authorized medical providers in the territory perform abortions only to save the woman's life and possibly in case of rape.[557] In 1995, an opinion issued by the territory's attorney general concluded that U.S. judicial decisions allowing abortion on request also applied to the territory, but these decisions were overturned in 2022.[555]
  172. ^ Applies English law in force in 2010 unless locally modified.[558]
  173. ^ a b c d The penal code prohibits abortion except in case of risk to the woman's life or health.[559] In 1980, a decision by the Supreme Court of Puerto Rico expanded the health criteria to also include mental health, including emotional, psychological, family and age aspects, with no gestational limit. However, the decision still maintained the prohibition on abortion if done without any therapeutic consideration.[560][561]
  174. ^ Applies English law in force on 1 January 2006 unless locally modified, in each part of the territory.[562] Tristan da Cunha explicitly applies the abortion law of the United Kingdom with minor modifications.[563]
  175. ^ a b c d e Although illegal, the government does not prosecute abortions performed under rules similar to other countries, including on request.[61]
  176. ^ a b This ground is not explicitly mentioned in the law. The judicial handbook says that abortion is permitted for medical reasons but is unclear whether it means only to save the woman's life or also to preserve her health.[566]
  177. ^ a b This ground is not explicitly mentioned in the law. A judicial decision on an identical law in the parent country clarified that the law always implicitly allowed abortion at least to save the woman's life, and the decision allowed it also to preserve her health.[369] It is unclear whether the territory applies only the original legal principle or also the judicial decision.
  178. ^ a b All states allow abortion to prevent the woman's imminent death, and some if the pregnancy is a less-immediate threat to their life.
    • Additional allowance for risk to the woman's physical health: Alabama, Arizona, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Pennsylvania, South Carolina, Tennessee, Utah, West Virginia, Wisconsin, and Wyoming.
    • Allowance for risk to the woman's general health: California, Connecticut, Delaware, Hawaii, Indiana, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New York, Rhode Island, Virginia, Washington.
    • Allowance for pregnancy due to rape or incest: Georgia, Idaho, Indiana, Iowa, Mississippi, North Dakota, South Carolina, West Virginia, Utah, and Wyoming.
    • Allowance for lethal fetal abnormality: Alabama, Delaware, Florida, Georgia, Indiana, Iowa, Louisiana, Maryland, Massachusetts, South Carolina, West Virginia, Wyoming, and Utah.
    Note that these allowances may have a time limit, which may be as early as cardiac-cell activity (approximately 6 weeks LMP); others may have no limit. Different allowances may have different limits in the same state.
  179. ^ Cardiac-cell activity is generally detectable in the 6th week LMP.
    Allowance beyond this limit is made, at minimum, for an immediate threat to the woman's life. In general, states that permit limited elective abortion may allow abortion beyond that limit for some or all of the reasons listed above.
  180. ^ Typically, fetal viability begins in the 23rd or 24th week LMP.
  181. ^ The second trimester is variously defined as through 27th or 28th week LMP. In Massachusetts, the law allows elective abortion up to 24 weeks from implantation, which is approx. 27 weeks LMP.
  182. ^ Some examples of gestational age calculated from the first day of the last menstrual cycle:[576][577][578][579][580][excessive citations]
  183. ^ For example Luxembourg abortion law states: "Avant la fin de la 12e semaine de grossesse ou avant la fin de la 14e semaine d'aménorrhée ...", which translates to "Before the end of the 12th week of pregnancy or before the end of the 14th week of amenorrhea".[232]
  184. ^ Also known as the "Menhennitt ruling".

References

[edit]
  1. ^ Niewiarowski, Erik (5 March 2024). "France makes abortion a constitutional right in historic vote". PinkNews. Retrieved 5 March 2024.
  2. ^ "As France guarantees the right to abortion, other European countries look to expand access". AP News. 5 March 2024. Retrieved 8 October 2024.
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  609. ^ Press Release No. 276/2021: The SCJN invalidates the precept of the general health law that provided for conscious objection of medical and nursing personnel without establishing the necessary safeguards to guarantee the right to health, Supreme Court of Justice of the Nation, 20 September 2021 (in Spanish).
  610. ^ Manuela and Others v. El Salvador, Inter-American Court of Human Rights, 2 November 2021 (in Spanish).
  611. ^ India's top court gives equal abortion access to all women, Associated Press, 29 September 2022.

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