Abortion is an extremely controversial topic. Until now, the possibility of abortion in Poland was regulated by the Act on family planning, protection of the human fetus and conditions for the admissibility of termination of pregnancy of January 7, 1993, as amended. However, the regulations may change, because on October 22, 2022, the Constitutional Tribunal voted to tighten the abortion law.
Abortionis a very controversial topic that always evokes emotions. Currently (we are talking about October 23, 2022), a wave of protests swept through Poland related tothe decision of the Constitutional Tribunalto tighten the abortion law.
Abortion - legal status
The issue of abortion in Poland is regulated by the Act on family planning, protection of the human fetus and conditions for the admissibility of termination of pregnancy of January 7, 1993, as amended. The act is called a compromise because it has developed solutions that would satisfy both supporters and opponents of abortion.
In Polandtermination of pregnancy,that isabortion,is permitted by law only inthree exceptional cases:
- when pregnancy poses a threat to the life or he alth of a pregnant woman;
- when prenatal tests or other medical indications indicate a high probability of severe and irreversible impairment of the fetus or an incurable life-threatening disease
- when there is a justified suspicion that the pregnancy was a result of a prohibited act(e.g. incest, rape).
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Abortion - who makes the decision?
In the 1st and 2nd cases, the termination of pregnancy is performed by a hospital doctor and it is possible "until the fetus is able to live independently outside the body of a pregnant woman". The circumstances enabling the abortion are confirmed by a different doctor than the one who is to terminate the pregnancy.
The exception is whenpregnancy directly threatens the woman's life . In the case of the third occurrence of a circumstance enabling an abortion, the prosecutor must first confirm the occurrence, and termination of the pregnancy is possible "if no more than 12 weeks have elapsed from the beginning of the pregnancy". It is good to know that the lawit also regulates the professional qualifications of doctors, which en title them to perform an abortion.
Abortion - is the written consent of the woman needed?
Pregnancy may be terminated with the woman's written consent. If it is a minor or a completely incapacitated person, "the written consent of his legal representative is required". If the minor is over 13, his / her written consent is also required, if not - the consent of the guardianship court will be needed.
The incapacitated person, if their mental he alth allows it, should alsogive their written consent to terminate the pregnancy. it can be done if the woman maintains the intention to terminate the pregnancy after 3 days from the consultation "[with the doctor - ed. ed.].
Abortion - cost
If a woman is covered by social insurance or otherwise en titled to free medical care, she isen titled to a free pregnancy terminationin a public he alth institution.
Aborcja - when is it punishable?
Abortion in cases other than those specified in the law (e.g. independent pharmacological abortion) is prohibited and is punishable under Polish law.
Amendments to the law on family planning
In October 2012, MPs from Solidarna Polska put forward a proposal to tighten the provisions on abortion. In their opinion, pregnancy should not be terminated in situations when there is a high probability of the fetus being impaired. After the vote in the Sejm, the draft was sent for further work in parliamentary committees.
The president expressed his surprise in the media with such a turn of events, noting that the compromise, which in his opinion is the current anti-abortion law, should not be violated. ( Quotes: Act on family planning, protection of the human fetus and conditions for the admissibility of termination of pregnancy of January 7, 1993, as amended)
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Decision of the Constitutional Court
The judges of the Constitutional Tribunal decided on October 22, 2022 that the provisions allowing termination of pregnancy in the event of severe fetal defects are inconsistent with the constitution.
In practice, this means that legal abortion in Poland will only be possible when pregnancy threatens the mother's life or he alth and when it was caused by a prohibited act, such as rape or incest. It makes it impossible to perform an abortion in the case of severe fetal defects.
- Art. 4a par. 1 point 2 of the Act of January 71993 on family planning, protection of the human fetus and conditions for allowing termination of pregnancy (…) is inconsistent with Art. 38 in connection with Art. 30 in connection with Art. 31 sec. 3 of the Constitution - judge Julia Przyłębska, the president of the Constitutional Tribunal, justified in the judgment.
A wave of protests swept through Poland in connection with the decision. Women want to be able to decide whether they want to give birth to a sick child or prefer to terminate the pregnancy. So far, they have had such an opportunity.
Due to severe fetal defects, most abortions were performed in Poland - last year it was 1074 out of 1110 abortions.
Read also:
- Abortion outside Poland - legal regulations regarding termination of pregnancy in other countries
- The impact of abortion on a woman's psyche
- Genetic diseases and termination of pregnancy