The Commission on Reproductive Self-Determination and Reproductive Medicine in Germany has delivered a final report advocating for the legalization of abortion within the first 12 weeks of pregnancy. The interdisciplinary body, formed March last year by the German government, consists of 18 specialists ranging from medical, psychological, sociological, health science, ethics, and legal fields.
Presently, Section 218 of the German Criminal Code (StGB) penalizes any termination of pregnancy aimed at protecting unborn human lives. The penalties for breaking this law could result in imprisonment for up to a year or a fine. A balance to this law, Section 218a provides specific exceptions, including when a woman who’s less than 12 weeks pregnant has undergone mandatory counseling, or if the pregnancy is a result of a sexual assault.
The Commission’s report, following 11 months of extensive research and in-depth examination, brings forth several legislative recommendations. It suggests that in the early stages of pregnancy, abortion should be legalized, and a level of flexibility should be given relating to middle to late-term pregnancies.
The report similarly calls for amending the current legislative framework, particularly for allowing early-stage abortions with the consent of the woman. The aim here is to ensure that women can receive abortions promptly and without any hurdles. As for pregnancies in the middle phase, the Commission suggests the extension of the current 12-week limit specifically focusing on pregnancies resulting from sexual crimes. And for late-term pregnancies, even though the report generally proposes keeping abortion prohibited, it nevertheless recommends that legislatures should provide exceptions based on validated grounds such as safeguarding the physical or mental health of the pregnant woman.
On the issue of legalizing egg donation and altruistic surrogacy, the Commission has recommended upholding strict conditions before an egg donation is allowed. However, due to ethical, practical, and legal factors, altruistic surrogacy should stay prohibited unless presented under stringent conditions such as when there’s an established close family tie or friendship between the intending parents and the surrogate mother.
Yet, strict opposition towards liberalizing abortion laws, notably from the Catholic Church, remains. The President of the Central Committee of German Catholics (ZdK), Irme Stetter-Karp, has issued a statement on the matter criticizing the proposed amendments as undermining the protective measures of Section 218 of the Criminal Code.
However, it’s crucial to note that the law on abortion in Germany is considered to be more restrictive than in many other European countries. For instance, some German women have been reported to travel to adjacent European nations to undergo the procedure. This remains a controversial topic, not only in Germany but also throughout other European nations.