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 Termination of Pregnancy and Abortion in Germany

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In Germany, termination of pregnancy (ein schwangerschaftsabbruch) or an abortion (eine abtreibung) is allowed on medical and criminal grounds, and on demand on the following terms:

1. On medical grounds (medizinische indikation): Abortion may be carried out up until the 22nd week of pregnancy where the life of the pregnant woman is in danger, or her physical or mental health is threatened by the pregnancy (it must be proved that the danger to the woman can only be averted by a termination), or where there is known or anticipated damage to the unborn child, due to chromosomal disorders or similar.  

2. On criminal grounds (kriminologische indikation): Termination must take place within 12 weeks of conception where a woman is pregnant as a result of rape.

An independent doctor must verify that there are medical or criminal grounds for an abortion and provide a medical certificate (ein ärztliches Attest) stating this. This doctor may not perform the abortion. 

3. On demand: A pregnant woman wanting to abort for any reason other than medical or criminal must have counselling for the unwanted pregnancy (schwangerschaftskonfliktsberatung):
  • The abortion must take place within 12 weeks of conception. This is calculated as 14 weeks from the first day of the woman's last period
  • Written confirmation in the form of a certificate (ein beratungsschein) from a recognised centre is required to prove that counselling has been undertaken
  • There must be at least three days between the counselling and the operation

In all cases an abortion may only be carried out with the agreement of the pregnant woman and a doctor. 

Before a Termination

The decision to have an abortion lies entirely with the pregnant woman. However if the girl is under 18 the doctor will decide if she is mature enough to make the choice or whether the parents should be informed and make the decision for her.

In all cases, a pregnant woman must prove that she is pregnant. She must have a gynaecological examination (eine gynäkologische untersuchung) to establish the length of the pregnancy and identify any foetal abnormalities. The doctor will provide a pregnancy certificate (eine schwangerschaftsbescheinigung), which is needed for counselling.

Abortion Pill

The abortion pill, RU486 (otherwise known as Mifegyne®), is available in Germany and given until up to 49 days of amenorrhoea (seven weeks from the first day of the last period). It is a non-surgical method for ending a pregnancy in the early stages.

Counselling

Counselling is compulsory except in cases of abortion on medical or criminal grounds. It is available free of charge at a recognised counselling centre (Beratungsstelle) such as the German Family Planning, Sex Education and Sexual Counselling and Advice Service (Pro Familia) or at a church centre.

  • To find a counselling centre (Beratungsstellen): Click here

The counsellor and pregnant woman should discuss the situation and come up with possible solutions. At this point the counselling is anonymous – no name need be given.

If the woman decides to have an abortion (abtreiben lassen or eine abtreibung vornehmen lassen) she will receive a counselling certificate (ein Beratungsschein), which includes her name and the date. The certificate will not contain any details of the discussion between the counsellor and the woman. This certificate is necessary in order to have a legal abortion.

Organisations & Costs

A gynaecologist or the Family Planning organisation, Pro Familia, can supply information on which specialist doctors or organisations will perform an abortion and the price charged.

A termination on criminal or medical grounds is paid by health insurance (Krankenkasse) and the state (Bundesland). In all other cases the woman must pay for the operation (der Eingriff). These costs include the actual abortion and any essential medical costs where there is follow-up treatment. All other expenses, for example the examination to establish pregnancy and any complications as a result of the abortion, must be covered by private medical insurance (Krankenversicherung).

In cases where a woman has no or limited income or does not have statutory medical insurance, the state will cover the costs. A woman's personal circumstances are looked at to establish if she is eligible for financial help.

Further Information
  • Pro Familia: German Family Planning, Sex Education and Sexual Counselling and Advice Service
  • Familienplanug: Federal Centre for Health Education (Bundeszentrale fur gesundheitliche Aufklarung, BZgA) family planning website

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