Abortion in San Marino is legal in the first 12 weeks of gestation for any reason. It is also legal until fetal viability if the pregnancy poses a risk to the woman's life, if the fetus has an anomaly that poses a risk to the woman's health, or if the pregnancy is the result of rape of incest. In case of risk to the woman's life after fetal viability, the pregnancy may also be interrupted by attempting a live birth.[1]

History

Before 2022, articles 153 and 154 of the Penal Code of San Marino imposed a prison sentence for any woman who procured an abortion, any person who helped her and any person who performed the abortion. Although the law did not explicitly mention any exception, abortions performed to save the woman's life were generally permitted by the legal principle of necessity.[2][3][4]

A proposal to liberalize abortion law was submitted during 1974 revisions to the Penal Code, but the government deferred it indefinitely to permit further debate. After neighboring Italy legalized abortion in 1978, women from San Marino could seek an abortion by crossing the border.[2][5]

In September 2021, a referendum resulted in 77.3% in favor of allowing for the voluntary termination of pregnancy up to the 12th week of gestation, and also thereafter if the pregnancy posed a risk to the woman's life or health or if the pregnancy resulted from rape or incest.[6][7] The referendum did not immediately legalize abortion, but required the parliament to make the relevant changes to the law.[5] On 31 August 2022, the parliament approved the law with 32 votes in favour, 7 against and 10 abstentions.[8] The law was published in the government gazette on 7 September 2022 and entered into force on 12 September 2022.[1]

See also

References

  1. ^ a b "Legge 7 settembre 2022 n.127 – Regolamentazione dell'interruzione volontaria di gravidanza" (in Italian). Consiglio Grande e Generale. 7 September 2022.
  2. ^ a b Abortion Policies: A Global Review. Vol. 3. United Nations Population Division. 2002. Archived from the original (DOC) on 21 March 2016. Retrieved 2 January 2013.
  3. ^ "World Abortion Policies 2007". United Nations. 2007. Retrieved 21 December 2016.
  4. ^ "World Abortion Policies 2013". United Nations. 2013. Retrieved 21 December 2016.
  5. ^ a b San Marino voters overwhelmingly back legal abortion, Associated Press, 26 September 2021. "With the 'yes' votes winning, San Marino's Parliament must now draft a bill to legalize the procedure."
  6. ^ "San Marino. Referendum sull'aborto: si vota il 26 settembre" (in Italian). Libertas. 13 July 2021.
  7. ^ "QUESITO – Segreteria di Stato per gli Affari Interni – Sito Elezioni". www.elezioni.sm. Retrieved 1 September 2021.
  8. ^ "Interruzione Volontaria di Gravidanza: approvata la legge a San Marino". RTV San Marino (in Italian). 31 August 2022. Retrieved 1 September 2022.

9. LAW no. 127 of 7 September 2022 REGULATING VOLUNTARY TERMINATION OF PREGNANCY - Republic of San Marino Great and General Council

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