Women are still deprived of the right to freely decide about their bodies: abortion is a criminal offense according to Section 218. Three women who have had abortions report what it feels like.
“I felt like a criminal asking for hot goods,” says Nathalie, one of the three women who share their abortion story with us. Responsible for this is Section 218 of the Criminal Code (StGB), which is located under the section “Crimes against life,” which also lists murder and manslaughter. Because even if many people think that abortions within the twelve-week period are no longer a problem in Germany, the reality is different.
Away with paragraph 218, away with the stigma
Pregnant women who decide to have an abortion – for whatever reason – will still be criminalized in 2024. According to Section 218 of the German Criminal Code, abortions are only exempt from punishment if certain conditions are met. Those affected must undergo counseling and then have a three-day waiting period to reconsider their decision. Only if all conditions are met can neither the pregnant woman nor the medical staff be prosecuted.
The cost of an abortion is only covered by health insurance after rape or if the pregnant woman’s health is at risk. Unintentionally pregnant women often only have a few weeks to make a decision. And it is not easy to find doctors to perform abortions because they are only allowed to provide limited information about it on their websites. The right-wing pressure in Germany is aggravating the problem: so-called “life advocates” are spreading hatred and agitation, so that both those affected and doctors feel intimidated.
Of course, there are also women who have had abortions “without any problems” and in a self-determined manner, and who have received the necessary support from those around them. This includes people – especially doctors, good advice centers, etc. – who take the right to self-determination seriously and who neither patronize nor exert psychological pressure. These women were lucky. However, an abortion should have nothing to do with happiness.
3 women share their abortion stories
Nathalie, 34
Why did you decide to have an abortion?
After my son was born, I had a copper IUD inserted on the recommendation of my gynecologist. Unfortunately, this contraceptive didn’t make any sense for me due to an anatomical peculiarity – my split uterus. However, I only found out about this when I was pregnant six months later. The coil was on one side of my uterus and the embryo on the other. I was blown away because I didn’t even know that this was possible until then.
I was angry that I was forced to make a decision I never wanted to make.
My gynecologist was visibly embarrassed – but didn’t hesitate to directly ask me whether I would keep the child. And me? I found myself in the worst inner conflict of my life. Yes, I wanted another child. No, I didn’t want – I couldn’t – have another child NOW. Fresh into a new (temporary) job, with a husband in training and a one and a half year old who still turned night into day. For these reasons, I CONSCIOUSLY decided to use a safe method of contraception – or at least I believed that I had done so.
I was angry that I was now forced to make a decision I never wanted to make. In the end, my head prevailed over my heart and I decided to quit. And even though I often think back and wish I had never had to make this choice: I am not full of regret, but full of gratitude for the possibility of freedom of choice.
What points of contact did you have with Paragraph 218? What do you think about paragraph 218?
I remember very well how I tried to reach a counseling center. That was nerve-wracking because I couldn’t get an appointment at first. And because I didn’t want to get “advice”: I used contraception, I’m still pregnant – what am I supposed to explain? I still find the formulation “The advice should be guided by the effort to encourage the woman to continue the pregnancy and to open up perspectives for her life with the child” difficult to bear. Because I of course rolled these perspectives back and forth in my head and of course I didn’t make it easy for myself.
I felt like a criminal asking for “hot stuff.”
For me, the obligation to consult implies an outrageous assumption: namely, that women take abortion lightly and do not think enough about the pros and cons themselves. As if it were comparable to a visit to the hairdresser. Corresponding comments from the “conservative camp” regarding the advertising ban and abortion in general underline this impression: Abortion as a lifestyle? Yes, exactly.
The search for a practice that carries out abortions was at least as stressful as the consultation. I spent ages waiting in line at gynecologists and felt like a criminal asking for “hot stuff.” I was shocked at how little information you can find online and how rarely this service is generally offered. In a big city, I’m probably still very spoiled when it comes to supplies. By far the most unpleasant thing was applying to my health insurance company to cover the cost of the procedure. To do this, I had to show up in person (!) at a branch and explain my financial situation to a strange man. I find it more than shameful that there was (is?) no digital solution for this.
What would have helped you in the situation?
Voluntary advice, no humiliating procedure with the health insurance company and public visibility of practices that carry out abortions. Most importantly: something fundamentally needs to change in social discourse. Women don’t have abortions for fun. Women take things seriously. Paragraphs 218 and 218a do nothing to push this discourse in a positive direction. They manifest the stigma. Away with it!
Birgit (name changed), 55
Why did you decide to have an abortion?
New city, new job and a long-distance relationship – my life was in upheaval in every respect, and a child would have been completely overwhelming for me at the time.
What points of contact did you have with Paragraph 218? What do you think about paragraph 218?
It cannot be the case that women are still criminalized if they want to terminate a pregnancy. Paragraph 218 must go. At the time, I felt it was patronizing that I had to seek advice before the procedure. As if I hadn’t already thought intensively about all the options in this situation.
What would have helped you in the situation?
I had what I needed most: a gynecologist who was on my side and didn’t question the decision. He accompanied my subsequent pregnancies and the births of my two children with the same kindness and care.
Daniela, 39
Why did you decide to have an abortion?
It would be nice to say that there was a reason X that was decisive. Instead, it was a process of reflection that lasted days or weeks. First there were my “circumstances”: The man with whom the “accident” happened and I had only known each other for a few weeks. And it was clear that we would not have a long-term relationship. He distanced himself very quickly and made it clear that I could not expect any support from him. So I would have been a single parent from the start. My nuclear family doesn’t live near me either, so I wouldn’t have had much support overall. Coupled with financial worries and having just recovered from depression, my initial situation was anything but ideal.
At the same time, I weighed up how likely I would be to experience a career setback as a (single parent), how likely I would be affected by poverty in old age given my personal starting point, and ultimately I also reflected on the weight that geopolitical events or climate change have on this difficult decision should. People always say, “There’s never a right time to have kids.” I can agree with that. But I also think that every woman has the right to consider under what circumstances and in what world she is prepared to take on the immense responsibility of raising a child.
But probably the most exciting point of this experience for me was that it was only at a very advanced stage that I asked myself the question of whether I was actually ready to accept MYSELF as a person, my wishes, my needs and my current lifestyle for the changes that would take place child inevitably entails having to be put on the back burner. In my opinion, this is where social influences, (unspoken) expectations and the view of the role of women become clearest. Reflecting on this last question for me was the most difficult test of all in this process. And shouldn’t I have asked myself this question first?
What points of contact did you have with Paragraph 218? What do you think about paragraph 218?
Paragraph 218 is the reflection of the social influences and expectations described above. Of course, I had to undergo counseling before the abortion could take place. I found this extremely stressful because unfortunately I did not receive any neutral advice. It was clearly against abortion and was like running the gauntlet and constantly questioning my own thoughts. But it wasn’t until later, when I was processing this experience, that it really made me angry. The fact that I, as an adult, healthy woman, was no longer allowed to make decisions about my life alone at the time of the certified pregnancy and that I had behaved “unlawfully” still does not fit into my worldview to this day.
What would have helped you in the situation?
A little more time would have helped me. If, like me, you have never seriously thought about the K question before, the time pressure that automatically arises is of little help in making a decision. I respect that unborn life must be protected. I therefore welcome considerations by the legislators that take into account the point at which a fetus would actually be able to live on its own.
Unfortunately, I did not experience any neutral advice.
The situation was also made more difficult by the fact that there were no real advice offers. At the time of my decision, Section 219a was still in force, so there was practically no information available to me. In addition, the gynecologist’s practice where I had been a patient for over 15 years had specialized over the years in the area of fertility. This didn’t play a role in normal routine examinations, but when I confronted my doctor with my thoughts, there was no non-judgmental consideration at this point either.
Quite the opposite: I had to justify my chosen form of contraception and explain why I wasn’t able to take the morning-after pill. And I was told that I should think very carefully about whether I really wanted to throw away this “six in the lottery” because after all, I was no longer the youngest and would definitely regret it. Almost needless to say, I am no longer a patient there today.
It takes a lot of energy to go through this process, reflect on your own situation and come to a decision. I believe that there are hardly any women who make this decision lightly. Instead of legally required pseudo-counseling, real, neutral counseling services that women can access voluntarily if they need a sparring partner would be helpful. I luckily found that person in my best friend, who was an incredible support.