“Illegality cannot be sustained”
Experts recommend legalizing abortions
April 15, 2024, 11:45 a.m
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In exceptional situations, an abortion is legal in Germany, but in principle the procedure is punishable. A commission of experts is now supposed to present recommendations for reforming abortion law – and comes to a clear conclusion.
According to an expert commission appointed by the federal government, abortion should no longer be a criminal offense in Germany in the future. “In the early phase of pregnancy (…) the legislature should allow abortion with the woman’s consent,” says the summary of a report by the commission, which was presented in Berlin. The experts also comment on the topics of egg donation and surrogacy. The Commission considers both to be permissible under certain circumstances.
Abortions are actually still possible today in the early phase – i.e. within the first twelve weeks of pregnancy – if the woman has sought advice beforehand. Abortions are also possible if there are certain medical reasons or after rape. However, this has so far been regulated as an exception in the Criminal Code, which otherwise generally criminalizes abortion. In its coalition agreement, the traffic light agreed to have a commission examine the extent to which abortions could also be regulated outside the criminal code. The Commission should also examine options for legalizing egg donation and surrogacy.
“The fundamental illegality of abortion in the early phase of pregnancy (…) is untenable. The legislature should take action here and make abortion legal and unpunished,” said the coordinator in the commission responsible for the issue, criminal lawyer Liane Wörner from the University of Konstanz, in Berlin.
Legalization of egg donation “permissible”
An abortion is currently not punishable under certain conditions, “but it is still marked as illegal, as injustice,” said the deputy coordinator, Frauke Brosius-Gersdorf, criticizing the current rule. A change is not just a formality. For the women affected, it makes a big difference whether what they are doing is wrong or right. “This also has an impact on the obligation of statutory health insurance companies to provide benefits.”
The experts see the legalization of egg donation in Germany as permissible “provided it is based on a legal basis that, in particular, guarantees the necessary protection of the donors and the well-being of the child,” they say. Along with Luxembourg, Germany is the only EU country where egg donation is still banned, said the commission’s coordinator for the topic, Claudia Wiesemann from the University of Göttingen. As with sperm donation, it is important to ensure the child’s right to know its origins. According to the Commission, the legislature can allow surrogacy in certain cases, “provided in particular that the protection of the surrogate mother and the child’s well-being are adequately guaranteed.”