Why is abortion still a crime in Germany?

Germany’s abortion law dates back to 1871, and despite reforms over the decades, it remains a criminal offence. Now, as the fight to remove §218 continues, patients and providers in Berlin are pushing for access that treats abortion as essential healthcare

15.09.2025

On February 10, over 300,000 signatures were handed over to German lawmakers in Berlin, urging them to finally remove abortion from the criminal code. Dozens of advocacy groups, including major trade unions, stood alongside politicians from the Greens, SPD and Die Linke, calling for a vote before the end of the legislative period. But just hours later, CDU and FDP leaders made it clear: there would be no vote. The long-anticipated attempt at reform failed – for now.

Abortion in Germany is still regulated under Section 218 of the German criminal code (Strafgesetzbuch, or StGB), which criminalises abortion except under specific conditions: a compulsory counselling session, a mandatory three-day waiting period and a gestational limit of 12 weeks. Pregnancies resulting from rape or posing a medical risk also qualify. Even then, it’s not technically legal – only exempt from punishment.

Continued: https://www.the-berliner.com/politics/why-is-abortion-still-a-crime-in-germany/


German court upholds ban on abortions in Catholic-run hospital

08 Aug 2025

A ban on abortion procedures in a Catholic-run hospital was upheld by a German court on Friday, as 2,000 people joined a protest against the measure, reported Xinhua.

The Hamm Labour Court in the western state of North Rhine-Westphalia rejected a complaint by doctor Joachim Volz against regulations issued by his new employer, Klinikum Lippstadt-Christian Hospital, following a merger.

Continued:  https://www.dailyfinland.fi/europe/44574/German-court-upholds-ban-on-abortions-in-Catholic-run-hospital


Justice Minister Hubig Advocates for Revising Abortion Law in Germany

Sat 2nd Aug, 2025
The Munich Eye

In Germany, abortion remains a contentious issue, particularly regarding its legal status within the first trimester. Justice Minister Stefanie Hubig has recently expressed openness to amending the current regulations that deem abortions in the first three months illegal, although they remain unpunished. Hubig emphasized the need to balance women's rights to make decisions about their own bodies with the need to protect unborn life.

In her comments to a major German publication, Hubig noted that public opinion largely favors the removal of the legal prohibition on early-term abortions, transcending party lines and religious affiliations. She remarked on the difficulty many face in accessing medical professionals willing to perform abortions, a situation she attributes to the existing legal framework that creates a paradox of being "unpunished but illegal."

Continued: https://themunicheye.com/justice-minister-hubig-abortion-law-reform-germany-25242


Goethe immortalised the shaming of German women 200 years ago – we’re still at it

Abortion is criminalised and stigmatised – and now the right has found a new female scapegoat in its US-style war on bodily autonomy

Fatma Aydemir
Sat 19 Jul 2025

Every nation has literary classics that shape its cultural identity. Germans have Faust, Goethe’s play about the successful but dissatisfied scientist Dr Heinrich Faust, who makes a deal with the devil. Faust has been performed, referenced and read in schools for more than two centuries now. Interestingly, the most tragic character in this tragedy is not the protagonist, but his “love interest”, Gretchen – a teenage girl groomed by the old man, impregnated and socially ostracised. Her solution? She drowns her “illegitimate” newborn child, accepts her death penalty and rejects Faust’s offer to save her from prison. In God’s mercy, the Christian girl seeks salvation and off goes Faust with the devil to new adventures in Faust, Part Two.

Continued: https://www.theguardian.com/world/commentisfree/2025/jul/19/germany-goethe-shaming-women-abortion


Germany – Merz’s coalition plunged into crisis over deadlock on top court judge

An impassioned debate involving abortion and a plagiarism allegation underscores the German coalition’s relative fragility.

July 11, 2025
By Nette Nöstlinger and Rasmus Buchsteiner

BERLIN — A highly emotional clash over the appointment of a judge to Germany's top court has exposed widening fissures inside conservative Chancellor Friedrich Merz's young coalition government.

The spat, involving a questionable plagiarism allegation and a passionate debate on abortion, threatens to undermine Merz's centrist coalition just two months after the chancellor took office.

Continued: https://www.politico.eu/article/merz-coalition-crisis-deadlock-top-court-judge-brosius-gersdorf-weise/


Germany Fails to Advance Critical Abortion Law Reform

Statement from the Center for Reproductive Rights on stalled abortion law reform in Germany

Feb 12, 2025

The Center for Reproductive Rights expresses deep disappointment over the failure of Germany’s Legal Affairs Committee to advance a cross party proposal aimed at modernising the country’s outdated abortion laws and improving access to essential reproductive care.

Introduced in November, the proposal sought to fully legalise abortion on request up to 12 weeks and remove the mandatory three-day waiting period, among other key reforms. It followed a report from a government-appointed expert commission, released last year, which highlighted how Germany’s current abortion law falls short of international human rights and public health standards.

Continued: https://reproductiverights.org/germany-fails-abortion-law-reform/


A bill that would legalize abortion will be debated in Germany’s parliament

Green and Social Democrat MPs have introduced a bill that would legalize abortion up to the 12th week of pregnancy.

By Elsa Conesa
Dec 10, 2024

This part of German law is referred to as "Paragraph 218": "Whosoever terminates a pregnancy shall be liable to imprisonment not exceeding three years or a fine." However, a group of MPs has begun efforts to decriminalize abortion, hoping to take advantage of a brief parliamentary window created by the collapse of the current coalition on November 6, ahead of the federal election on February 23, 2025, which will elect a new Bundestag.

Abortion is illegal in Germany, although in practice it is not prosecuted if carried out within the first 12 weeks of pregnancy after a medical consultation. As the procedure is illegal, it is not reimbursed by social security. According to the Federal Statistical Office, around 106,000 abortions were reported in Germany in 2023, compared with 243,600 in France.

Continued: https://www.lemonde.fr/en/international/article/2024/12/11/a-bill-that-would-legalize-abortion-will-be-debated-in-germany-s-parliament_6735952_4.html


German campaigners demand abortion be fully legalized

Femke COLBORNE
Dec 7, 2024

German campaigners are pushing for reform to remove legal hurdles for women seeking an abortion, with emotions running high on the issue as the country heads for early elections.

Under German law, abortion is illegal but tolerated in practice for women who are up to 12 weeks pregnant. However, a woman seeking to terminate a pregnancy must first receive compulsory counselling, followed by a three-day waiting period and many doctors say the process can be complicated as well as traumatic.

Continued: https://www.citizentribune.com/news/national/german-campaigners-demand-abortion-be-fully-legalised/article_6d07dcde-c96d-51b3-bd5a-16aec48b1e65.html


Abortion in Germany: Preelection push for liberalization

A left-wing cross-party initiative in Germany has been launched to decriminalize abortion in the early stages of pregnancy. Polls show public support, but conservative lawmakers are opposed.

Julie Gregson
Dec 2, 2024

Lawmakers from Germany's center-left parties want to make abortion legal in Germany — in the first three months of pregnancy.

Germany's paragraph 218 outlawing abortions first entered the statute books in 1871 and has long been controversial. While abortion remains illegal, women since the 1990s have been permitted to have them within the first three months of pregnancy without risk of prosecution if they undergo counseling at least three days before the procedure. Terminations in the case of rape or when the woman's mental or physical health is at risk are also exempt from punishment.

Continued: https://www.dw.com/en/abortion-in-germany-preelection-push-for-liberalization/a-70922840


Germany has a historic opportunity to modernise its abortion law

Center for Reproductive Rights welcomes presentation of new cross-party proposal to make abortion care equitable and more accessible

Nov 14, 2024

BERLIN—A cross-party coalition of Members of the German Parliament introduced a bill today intended to liberalise Germany’s abortion law. The proposed legislation would fully legalise abortion on request up to 12 weeks of pregnancy and remove the mandatory three-day waiting period, among other key changes.

This reform marks a long overdue step toward aligning German abortion laws with international human rights and public health standards, paving the way for more accessible reproductive care.

Continued: https://reproductiverights.org/germany-historic-opportunity-modernise-abortion-law/