Abortion in Europe: rules and prohibitions

Abortion laws vary widely across the EU, reflecting the cultural, religious, and political characteristics of each country. Let’s analyze where abortions are legal, where they are prohibited, and in which cases the decision is made by the court.

Abortion laws in the EU range from outright bans to full legalization with different terms and conditions, with court decisions often serving as a regulatory tool in countries with strict restrictions.

In which EU countries are abortions legal?

In most EU countries, abortions are legal in the early stages of pregnancy, generally up to 12 weeks. These countries include Germany, France, Italy, Denmark, Finland, Romania, and others.

The United Kingdom (England and Wales) allows abortions up to 24 weeks, subject to the consent of two doctors. Recently, in 2025, an amendment was passed decriminalizing abortions after 24 weeks, eliminating criminal liability for women who choose to have a late-term abortion. In March 2024, France became the first country in the world to enshrine the right to abortion in its constitution, guaranteeing women the right to terminate a pregnancy as a fundamental right.

Where abortion is prohibited or severely restricted

Poland has one of the strictest laws in the EU: abortion is only permitted if the woman’s life or health is in danger, or if the pregnancy is the result of rape or incest. In 2020, the Polish Constitutional Court banned abortion on the grounds of severe fetal malformations, prompting widespread protests and criticism from the EU.
In Malta, abortion is completely prohibited, without exception.
In other EU countries, such as Andorra, San Marino, and Monaco, abortion is only permitted if the woman’s life is in danger.

Abortions in Spain and Portugal

In Spain, abortion is legal up to 14 weeks of pregnancy, a period extended from the previous 12 weeks by a new law introduced in 2024. Abortions for girls under 16 are only permitted with parental consent, and for girls over 16 without it, as enshrined in recent legislative reforms.

The law also establishes the confidentiality of information about abortions and the creation of a registry of doctors who refuse to perform the procedure for reasons of conscience, to ensure the availability of the service in public clinics.

In 2023, Spain introduced paid menstrual leave for women with painful periods for the first time, as well as the free provision of feminine hygiene products in some institutions. The Spanish Constitutional Court confirmed that abortion is possible up to the 22nd week of pregnancy if the woman’s health or life is at risk.

In Portugal, in January 2025, parliament debated proposals to amend the abortion law, specifically to extend the legal timeframe for the procedure, but all amendments were rejected. This decision was supported by the Permanent Council of the Portuguese Episcopal Conference, reflecting the country’s persistent restrictions and conservative approach to abortion.

The Court’s Role in Abortion Decisions

In Poland, the Constitutional Court usually decides whether abortion is permissible. In 2020, the court banned abortions due to severe fetal defects, thus tightening the law.
In other EU countries, courts may consider individual cases, especially when they involve controversial medical or ethical issues, but in most countries, the law clearly regulates the timing and grounds for abortion.
In the United Kingdom and France, judicial decisions play a minor role, as the legislation is already quite liberal and enshrined in parliament or the constitution.

The situation with abortion is heterogeneous across the EU:

Most countries allow abortion in the early stages (up to 12 weeks), with some exceptions. France was the first country to enshrine the right to abortion in its constitution.
Poland and Malta have the strictest restrictions, where abortions are permitted only in exceptional cases or are completely prohibited.
The judiciary, especially in Poland, plays a key role in determining the limits of abortion permissibility.

The European Parliament is calling for abortion to be recognized as a fundamental human right and decriminalized in countries with severe restrictions, but this requires the unanimous agreement of all EU countries, something currently unlikely.