Risk to woman's life, to her health*, rape, or fetal impairment
Risk to woman's life, to her health*, or fetal impairment
Risk to woman's life*, to her health*, or rape
Risk to woman's life or to her health
Risk to woman's life
Illegal with no exceptions
No information
* Does not apply to some countries or territories in that category
Note: In some countries or territories, abortion laws are modified by other laws, regulations, legal principles or judicial decisions. This map shows their combined effect as implemented by the authorities.
Abortion laws vary widely among countries and territories, and have changed over time. Such laws range from abortion being freely available on request, to regulation or restrictions of various kinds, to outright prohibition in all circumstances. Many countries and territories that allow abortion have gestational limits for the procedure depending on the reason; with the majority being up to 12 weeks for abortion on request, up to 24 weeks for rape, incest, or socioeconomic reasons, and more for fetal impairment or risk to the woman's health or life. As of 2022, countries that legally allow abortion on request or for socioeconomic reasons comprise about 60% of the world's population.
Abortion continues to be a controversial subject in many societies on religious, moral, ethical, practical, and political grounds. Though it has been banned and otherwise limited by law in many jurisdictions, abortions continue to be common in many areas, even where they are illegal. According to a 2007 study conducted by the Guttmacher Institute and the World Health Organization, abortion rates are similar in countries where the procedure is legal and in countries where it is not,[1][2] due to unavailability of modern contraceptives in areas where abortion is illegal.[3] Also according to the study, the number of abortions worldwide is declining due to increased access to contraception.[1][2]
Abortion has existed since ancient times, with natural abortifacients being found amongst a wide variety of tribal people and in most written sources. The earliest known records of abortion techniques and general reproductive regulation date as far back as 2700 BC in China, and 1550 BC in Egypt.[4] Early texts contain little mention of abortion or abortion law. When it does appear, it is entailed in concerns about male property rights, preservation of social order, and the duty to produce fit citizens for the state or community. The harshest penalties were generally reserved for a woman who procured an abortion against her husband's wishes, and for slaves who produced abortion in a woman of high status. Religious texts often contained severe condemnations of abortion, recommending penance but seldom enforcing secular punishment. As a matter of common law in England and the United States, abortion was illegal anytime after quickening—when the movements of the fetus could first be felt by the woman. Under the born alive rule, the fetus was not considered a "reasonable being" in rerum natura; and abortion was not treated as murder in English law.
In the 19th century, many Western countries began to codify abortion laws or place further restrictions on the practice. Anti-abortion movements, also referred to as "pro-life" movements, were led by a combination of groups opposed to abortion on moral grounds, and by medical professionals who were concerned about the danger presented by the procedure and the regular involvement of non-medical personnel in performing abortions. Nevertheless, it became clear that illegal abortions continued to take place in large numbers even where abortions were rigorously restricted. It was difficult to obtain sufficient evidence to prosecute the women and abortion doctors, and judges and juries were often reluctant to convict. For example, Henry Morgentaler, a Canadian pro-choice advocate, was never convicted by a jury. He was acquitted by a jury in the 1973 court case, but the acquittal was overturned by five judges on the Quebec Court of Appeal in 1974. He went to prison, appealed, and was again acquitted. In total, he served 10 months, suffering a heart attack while in solitary confinement. Many were also outraged at the invasion of privacy and the medical problems resulting from abortions taking place illegally in medically dangerous circumstances. Political movements soon coalesced around the legalization of abortion and liberalization of existing laws.
By the first half of the 20th century, many countries had begun to liberalize abortion laws, at least when performed to protect the woman's life and in some cases on the woman's request. Under Vladimir Lenin, the Soviet Union became the first modern state in legalizing abortions on request—the law was first introduced in the Russian SFSR in 1920, in the Ukrainian SSR in July 1921, and then in the whole country.[5][6] The Bolsheviks saw abortion as a social evil created by the capitalist system, which left women without the economic means to raise children, forcing them to perform abortions. The Soviet state initially preserved the tsarist ban on abortion, which treated the practice as premeditated murder. However, abortion had been practiced by Russian women for decades and its incidence skyrocketed further as a result of the Russian Civil War, which had left the country economically devastated and made it extremely difficult for many people to have children. The Soviet state recognized that banning abortion would not stop the practice because women would continue using the services of private abortionists. In rural areas, these were often old women who had no medical training, which made their services very dangerous to women's health. In November 1920 the Soviet regime legalized abortion in state hospitals. The state considered abortion as a temporary necessary evil, which would disappear in the future communist society, which would be able to provide for all the children conceived.[7][page needed] In 1936, Joseph Stalin placed prohibitions on abortions, which restricted them to medically recommended cases only, in order to increase population growth after the enormous loss of life in World War I and the Russian Civil War.[8][9][6] In the 1930s, several countries (Poland, Turkey, Denmark, Sweden, Iceland, Mexico) legalized abortion in some special cases (pregnancy from rape, threat to mother's health, fetal malformation). In Japan, abortion was legalized in 1948 by the Eugenic Protection Law,[10] amended in May 1949 to allow abortions for economic reasons.[11] Abortion was legalized in 1952 in Yugoslavia (on a limited basis[which?]), and again in 1955 in the Soviet Union on request. Some Soviet allies (Poland, Hungary, Bulgaria, Czechoslovakia, Romania) legalized abortion in the late 1950s under pressure from the Soviets.[how?][12][additional citation(s) needed]
In the United Kingdom, the Abortion Act of 1967 clarified and prescribed abortions as legal up to 28 weeks (later reduced to 24 weeks). Other countries soon followed, including Canada (1969), the United States (1973 in most states, pursuant to Roe v. Wade—the U.S. Supreme Court decision which legalized abortion nationwide), Tunisia and Denmark (1973), Austria (1974), France and Sweden (1975), New Zealand (1977), Italy (1978), the Netherlands (1984), and Belgium (1990). However, these countries vary greatly in the circumstances under which abortion was to be permitted. In 1975, the West German Supreme Court struck down a law legalizing abortion, holding that they contradict the constitution's human rights guarantees. In 1976, a law was adopted which enabled abortions up to 12 weeks. After Germany's reunification, despite the legal status of abortion in former East Germany, a compromise was reached which deemed most abortions up to 12 weeks legal, but this law was struck down by the Federal Constitutional Court and amended to only remove the punishment in such cases, without any statement to legality. In jurisdictions governed under sharia law, abortion after the 120th day from conception (19 weeks from LMP) is illegal, especially for those who follow the recommendations of the Hanafi legal school, while most jurists of the Maliki legal school "believe that ensoulment occurs at the moment of conception, and they tend to forbid abortion at any point [similar to the Roman Catholic Church]. The other schools hold intermediate positions. [...] The penalty prescribed for an illegal abortion varies according to particular circumstances involved. According to sharia, it should be limited to a fine that is paid to the father or heirs of the fetus."[13]
The table below lists in chronological order the United Nationsmember states that have legalized abortion on request in at least some initial part of the pregnancy, or that have fully decriminalized abortion. As of 2023, 67 countries have legalized or decriminalized abortion on request.
Notes
Where a country has legalized abortion on request, prohibited it, and legalized it again (e.g., former Soviet Union, Romania), only the later year is included. Countries that result from the merger of states where abortion on request was legal at the moment of unification show the year when it became legal across the whole national territory (e.g., Germany, Vietnam). Similarly, countries where not all subnational jurisdictions have legalized abortion on request are not included (e.g., leading to the exclusion of Australia, Mexico, the United Kingdom and the United States). Countries are counted even if they were not yet independent at the time. The year refers to when the relevant law or judicial decisioncame into force, which may be different from the year when it was approved.
While abortions are legal at least under certain conditions in almost all countries, these conditions vary widely. According to a United Nations (UN) report with data gathered up to 2019,[42] abortion is allowed in 98% of countries in order to save a woman's life. Other commonly-accepted reasons are preserving physical (72%) or mental health (69%), in cases of rape or incest (61%), and in cases of fetal impairment (61%). Performing an abortion because of economic or social reasons is accepted in 37% of countries. Performing abortion only on the basis of a woman's request is allowed in 34% of countries, including in Canada, most European countries and China.[42]
The exact scope of each legal ground also varies. For example, the laws of some countries cite health risks and fetal impairment as general grounds for abortion and allow a broad interpretation of such terms in practice, while other countries restrict them to a specific list of medical conditions or subcategories. Many countries that allow abortion have gestational limits for the procedure depending on the reason; with the majority being up to 12 weeks for abortion on request, up to 24 weeks for social, economic, rape, or incest reasons, and more for fetal impairment or threats to the woman's health or life.[42]: 26
In some countries, additional procedures must be followed before the abortion can be carried out even if the basic grounds for it are met. How strictly all of the procedures dictated in the legislation are followed in practice is another matter. For example, in the United Kingdom, a Care Quality Commission's report in 2012 found that several NHS clinics were circumventing the law, using forms pre-signed by one doctor, thus allowing abortions to patients who only met with one doctor.[43]
Roe V. Wade has been established in the US for almost 50 years, put into motion in 1973, before its overturn in 2022 due to Dobbs v. Jackson. This ruling made abortion access not a constitutional right. The decision, most of which was leaked in early May, means that abortion rights will be rolled back in nearly half of the states immediately, with more restrictions likely to follow. For all practical purposes, abortion will not be available in large swaths of the country.[1] 13 States, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, and Wyoming enacted a trigger law which placed an immediate but varying statewide abortion ban immediately following the overturning. These trigger laws were designed specifically to take effect immediately upon the fall of the Roe precedent. Other states, were bans are in effect after 6 weeks gestation, including Idaho, Tennessee, and Texas – have similar laws, which would take effect after 30 days of the overturning.[2][44]
Pill abortion access is legal in 36 states. However, a lawsuit in Texas is currently against the production and distribution of this Abortion pill, misoprostol. The ban would affect millions of women in the US who cannot access a medical procedural abortion due to a state ban. The group suing the FDA has asked for a preliminary injunction to take one of the two drugs used in a medication abortion, mifepristone, off the market while the case plays out.[3] This will effectively cause a nationwide ban of pill abortion if granted.[45]
Summary tables
Legend
permitted
In many cases, abortion is permitted only up to a certain gestational age. If this limit is known and does not vary by subdivision, it is shown instead of "permitted".
Legal limits may not be directly comparable. Limits may be expressed in trimesters, months, weeks of pregnancy (implantation), weeks from fertilization, or weeks from last menstrual period (LMP).
*LMP is the time since the last menstrual period began.
This color-coded map illustrates the current legal status of elective-specific abortion procedures in each of the individual states, U.S. territories, and federal district.[fo] A colored border indicates a more stringent restriction or ban that is blocked by legal injunction or trigger provision (as of September 18, 2023).
Color-coded map illustrating availability of abortion in Canada, in weeks of embryonic age (from fertilization). Abortion is legal at all stages in Canada, but availability is subject to medical guidelines.
Available first 12 weeks (PEI)
Available first 13 weeks
Available first 16 weeks
Available first 19 weeks
Available first 20 weeks
Available first 24 weeks
Available first 25 weeks
Countries with more restrictive laws
Supporter of legalized abortion at a rally in Paraná, Argentina. Argentina had restrictive laws until 2021.
Some of the countries of Central America, notably El Salvador, have also come to international attention due to very forceful enforcement of the laws, including the incarceration of a gang-rape victim for homicide when she gave birth to a stillborn son and was accused of attempting an illegal abortion.[557][558][559]
El Salvador has some of the strictest abortion laws of any country. Abortion under all circumstances, including rape, incest, and risk to the mothers health, is illegal. Women can be criminalized and penalized to up to 40 years in prison after being found guilty of an abortion. El Salvador's abortion laws are so severe that miscarriages and stillbirths can sometimes be enough for conviction. The Inter-American Court has already ruled that El Salvador was responsible for the death of Manuela, who was sentenced to 30 years in prison in 2008 for aggravated homicide after suffering an obstetric emergency that resulted in her losing her pregnancy.[4][560] Lack of access to abortion is recognized by Uruguay, Mexico, Argentina, and Colombia as a human rights issue. This shows progress in underdeveloped nations.
Ireland
Ireland has had a long withstanding rule of the land called the Offenses Against Persons Act of 1861, which is what first prohibited abortions. This law was enacted to prohibit abortions in Ireland in 1920 when Ireland became its own independent country. To counteract the infiltration of pro abortion laws, Ireland's Catholic organizations formed the Pro Life Amendment Campaign. This organization was formed to create an abortion ban at a constitutional level. Ireland's 8th constitutional amendment was made in 1986, “acknowledges the right to life of the unborn and [gave] due regard to the equal right to life of the mother.”[561]
In 1992, a case of a 14 year old pregnant girl, threatening suicide to the courts if she were not allowed abortion, sparked change in Ireland's people. An appeals was made to the higher courts that suicidal thoughts were enough for endangerment of a mother's life for termination to be allowed. This case began the new wave of activism in Ireland which promoted the protection of the mother's life, and pushed for abortion rights. Activism grew into the larger public eye which prompted new laws to be made and introduced protecting the mother's life.[561]
New wave of activism in Ireland stretched until 2013 when the Protection of Life During Pregnancy Act was signed into law. This law recognized the mother's life over the fetus's and would allow pregnancy termination in cases where the mother is in danger. In 2018 Ireland's abortion ban by constitution was repealed and abortions up to the first trimester were legalized and covered by Ireland's public health service.[561]
Caribbean
The Caribbean and Latin America are the two strictest regions regarding abortion access. Only two Caribbean countries, Cuba and Guyana, is abortion legalized per request of the mother. Cuba is the most progressive of the Caribbean Islands, passing legislation in 1965 which legalized abortions in all circumstances up to 10 weeks. Guyana's legislation passed in 1995, legalized abortions up to 8 weeks in all circumstances.[562]
Abortions are prohibited under all circumstances in Aruba, Curaçao, Dominican Republic, Haiti, Jamaica and Suriname. However, different countries' laws restrict and allow abortions in different circumstances. In Barbados, Belize, Saint Vincent and Grenadine abortions are allowed when the mother can not financially provide for her child. This is called abortion with “broad or social economic grounds”. When the mother's life is endangered abortions are allowed in Bahamas, Grenada and, in the case of Trinidad and Tobago, Saint Lucia, St Kitts and Nevis. These countries however, are often very strict with the regulations surrounding this legislation, and while it is “to preserve the women’s health”, in most cases it is only when the mother's life is endangered. Antigua and Barbuda and Dominica allow abortions when the mothers life is directly at risk.[562]
Controversy over the beginning of pregnancy occurs in different contexts, particularly in a legal context, and is particularly discussed within the abortion debate from the point of measuring the gestational age of the pregnancy. Pregnancy can be measured from a number of convenient points, including the day of last menstruation, ovulation, fertilization, implantation and chemical detection. A common medical way to calculate gestational age is to measure pregnancy from the first day of the last menstrual cycle.[ft] However, not all legal systems use this measure for the purpose of abortion law; for example countries such as Belgium, France, and Luxembourg use the term "pregnancy" in the abortion law to refer to the time elapsed from the sexual act that led to conception, which is presumed to be 2 weeks after the end of the last menstrual period.[fu]
Exceptions in abortion law
Exceptions in abortion laws occur either in countries where abortion is as a general rule illegal or in countries that have abortion on request with gestational limits. For example, if a country allows abortion on request until 12 weeks, it may create exceptions to this general gestation limit for later abortions in specific circumstances.[568]
There are a few exceptions commonly found in abortion laws. Legal domains which do not have abortion on demand will often allow it when the health of the mother is at stake. "Health of the mother" may mean something different in different areas: for example, prior to December 2018, Ireland allowed abortion only to save the mother's life, whereas abortion opponents in the United States argue health exceptions are used so broadly as to render a ban essentially meaningless.[569]
Laws allowing abortion in cases of rape or incest often differ. For example, before Roe v. Wade, thirteen U.S. states allowed abortion in the case of either rape or incest, but only Mississippi permitted abortion of pregnancies due to rape, and no state permitted it for just incest.[570]
Many[vague] countries allow abortion only through the first or second trimester, and some may allow abortion in cases of fetal defects, e.g., Down syndrome, or where the pregnancy is the result of a sexual crime.
Laws in some countries with liberal abortion laws protect access to abortion services. Such legislation often seeks to guard abortion clinics against obstruction, vandalism, picketing, and other actions, or to protect patients and employees of such facilities from threats and harassment.
Other laws create a perimeter around a facility, known variously as a "buffer zone", "bubble zone", or "access zone", where demonstrations opposing abortion are not permitted. Protests and other displays are restricted to a certain distance from the building, which varies depending on the law. Similar zones have also been created to protect the homes of abortion providers and clinic staff. Bubble zone laws are divided into "fixed" and "floating" categories. Fixed bubble zone laws apply to the static area around the facility itself, and floating laws to objects in transit, such as people or cars.[571] Because of conflicts between anti-abortion activists on one side and women seeking abortion and medical staff who provides abortion on the other side, some laws are quite strict: in South Africa for instance, any person who prevents the lawful termination of a pregnancy or obstructs access to a facility for the termination of a pregnancy faces up to 10 years in prison (section 10.1 (c) of the Choice on Termination of Pregnancy Act[572]).
On 3 November 2020, an association of 20 Kenyan charities urged the government of Kenya to withdraw from the Geneva Consensus Declaration (GCD), a US-led international accord that sought to limit access to abortion for girls and women around the world. GCD was signed by 33 nations, on 22 October 2020.[573]
This section is in a table format that may be better if supplemented with prose. You can help by adding a prose summary of the table(s). Editing help is available. (October 2021)
R v Bourne Abortion in case of risk to physical or mental health included in risk to life. The decision was also implemented by some British territories and their successors.[363]
A, B and C v Ireland The court rejected the argument that article 8 conferred a right to abortion, but found that Ireland had violated the European Convention on Human Rights by failing to provide an accessible and effective procedure by which a woman can have established whether she qualifies for a legal abortion.
^ abIn 2021, the Chinese government issued guidelines reducing "non-medically necessary" abortions as a "step toward women's development".[15] The guidelines do not provide detail on what a "non-medically necessary" abortion is, nor what specific policies the government has planned to achieve this goal.[16][17]
^The law from 1957 legalizing the abortion on request was limited in 1962 when additional approval for each abortion had to be obtained from so called Abort Commission (which rejected about 15% of the requests). The Abort Commissions were abolished by law in 1986. Until 1993 each approved abortion was paid by state.[18][19]
^After explicit legalization struck down by supreme court decision, the law only removes punishment for abortion on request but with no statement about its legality.
^The law legalizing abortion on request was approved in 1995 and came into force in 1996.[30]
^The law legalizing abortion on request was approved in 2014 and came into force in 2015.[32]
^ abcThe law of the Islamic Republic of Afghanistan consisted primarily of statutory law and a limited use of Islamic jurisprudence.[48] The Afghan penal code criminalized abortion and only removed the penalty if the abortion was prescribed by a doctor to save the woman's life,[49][50] but other sources said that Afghanistan also allowed abortion in case of fetal impairment,[51] and rarely for economic reasons if accepted by a religious council.[52] After the 2021 Taliban offensive, the new government announced its intention to implement Islamic law exclusively, and it is unclear which legal grounds for abortion it accepts.[53]
^The UN source says that this ground is not explicitly mentioned in the law but it is accepted as a general legal principle.[55] However, other sources say that abortion is not legally allowed under any circumstance in Andorra.[56]
^The UN source incorrectly shows Angola as allowing abortion on request, citing a penal code draft from 2014 that did not become law.[57] The version of the penal code enacted in 2020 and entered into force in 2021 allows abortion only in certain circumstances.[58]
^A 2001 UN source says that abortion must be performed within the first 16 weeks and that it may be permitted after this period under very exceptional circumstances.[60]
^Before independence, a judicial decision in the parent country allowed abortion for this ground, but the decision has not been explicitly recognized by Antigua and Barbuda.[60][61]: 14
^Most laws of New South Wales and Queensland, including their abortion laws, are set to apply to Norfolk Island after 2026.[71][72] The Criminal Code of Norfolk Island, which remains in force in the territory, does not prohibit abortion.[73]
^Abortion up to 24 weeks may be performed if the medical practitioner considers the abortion is appropriate in all the circumstances, having regard to all relevant medical circumstances, the woman's current and future physical, psychological and social circumstances, and professional standards and guidelines. Later abortion may be performed, if two medical practitioners consider the abortion is appropriate in all the circumstances, having regard to the mentioned matters.[74] These criteria are not considered as allowing abortion on request.[63][64]
^On 20 September 2023, the Parliament of Western Australia passed a law to allow abortion on request up to 23 weeks of pregnancy, and with no gestational limit in case of medical and social circumstances. The law received royal assent on 27 September 2023 and awaits proclamation to enter into force.[80]
^ abcIf the woman was under age 14 when getting pregnant, no limit is specified.
^ abcThe penal code says that abortion is permitted for therapeutic purposes but is unclear whether it means only to save the woman's life or also to preserve her health. The UN source marks it as a permitted ground.
^ abcdeThe UN source marks it as a legal ground because the Penal Code explicitly prohibits abortion only if performed without the consent of the woman and of a medical practitioner.[84] However, the decree regulating medical practice prohibits abortion unless the pregnancy threatens the woman's life.[85]
^ abcdeThe UN source does not explicitly mark this legal ground for abortion but says that "Menstrual regulation is available on request for women with a last menstrual period of 10 weeks or less."[46]
^The law permits abortion for medical reasons without gestational limit, for social reasons up to 22 weeks of gestation, and on request up to 12 weeks of gestation.[87] By regulation, fetal impairment is included as a medical reason,[88] and rape is included as a social reason.[89]
^ abcDefined as 12 weeks from conception, considered as 14 weeks from the last menstrual period.[91]
^The penal code prohibits abortion except to save the woman's life, when the pregnancy is a result of rape or incest, or when the woman is of unsound mental condition.[93] Guidelines for health workers mention grounds of risk to the woman's health and fetal impairment, and define a gestational limit of 180 days.[94]
^ abThis ground is only cited in guidelines for health workers, not by law.[93][94]
^This ground is established by a regulation implementing a judicial decision, although it is not mentioned in the decision itself or in the law.[95]
^ abcThe penal code criminalizes abortion and only removes the penalty if the abortion is done to save the woman's life or if the pregnancy is the result of rape.[100] Due to a decision by the Supreme Federal Court, abortion is also permitted in case of anencephaly, and it may also be authorized by court order in other fatal cases of fetal impairment.[101][102][103]
^The penal code says that social demands are taken into account in a conviction for abortion.[107] It is unclear if this circumstance reduces the penalty or may remove it.
^There is no abortion law in Canada, but its subdivisions and professional bodies have regulations restricting the procedure to various grounds or gestational limits.[110][111]
^The penal code says that abortion may be permitted to an underage woman in a state of grave distress up to 8 weeks.[113]
^If the woman is under age 14, the gestational limit is 14 weeks.
^ abcdefThis ground is not explicitly mentioned in the law but it is established by judicial decision.[117][118][38]
^This ground is not explicitly mentioned in the law.[120] The Charter of Rights and Freedoms, which is declared to be an integral part of the constitution, says that "Abortion, other than therapeutic, is prohibited and punishable by law."[121] The UN source says that this ground is accepted as a general legal principle.[42]
^If the woman is of young age or immature and so unable to care for the child in a proper way, no limit is specified.
^Before independence, a judicial decision in the parent country allowed abortion for this ground, but the decision has not been explicitly recognized by Dominica.[137]
^The UN source says that this ground is not explicitly mentioned in the law but it is accepted as a general legal principle. However, other sources say that abortion is not legally allowed under any circumstance in the Dominican Republic.[139][140]
^The UN source shows East Timor as allowing abortion also in case of risk to the woman's health or fetal impairment, citing the penal code enacted in March 2009 and entered into force in June 2009.[141][142] However, the penal code was amended in July 2009 to restrict abortion only to save the woman's life.[143][142][144]
^This ground is explicitly mentioned in the law only in case of rape of a woman with a mental disability, but it is also established by judicial decision in case of rape of any woman.[145]
^ abcAbortion is permitted if the woman is under age 18.
^ abcIf the woman is under age 15 or over age 45, the gestational limit is 22 weeks.
^ abcDefined as 14 weeks of pregnancy, considered as 16 weeks from the last menstrual period.[162]
^The penal code says that abortion may be permitted to an underage woman in a state of grave distress up to 10 weeks.
^ abcThe criminal code specifies that abortion is not deemed an offence if the woman requests it, has obtained counselling, and it is done by a physician within 12 weeks from conception. (Also, the woman is not punished for an abortion within 22 weeks if the other conditions are fulfilled.) The woman's living conditions are also taken into account in the indication of a serious risk to her health.[169][170]
^ abIf the woman is a minor or incapable of resisting, the gestational limit is 19 weeks.
^ abIf the woman is HIV-positive or contraception failure, the gestational limit is 16 weeks.
^A new penal code, published by presidential decree on 24 June 2020, would allow abortion on request in the first 12 weeks of pregnancy. The code is set to take effect on 24 June 2024 unless modified before then.[177][178]
^ abcThis ground is not explicitly mentioned in the law but it is accepted as a general legal principle.
^ abcUp to 18 weeks if the woman is incapacitated or did not recognize the pregnancy due to illness or medical error, or in case of failure of a health institution.[180]
^Up to 24 weeks in case of prolongation of the diagnostic procedure, or no limit in case of fetal abnormality incompatible with life after birth.[180]
^No limit in case of "substantial foetal abnormalities".[182]
^This ground is not explicitly mentioned in the law,[189] but it may be included in other legal grounds if the pregnancy causes unbearable hardship, such as significant harm to mental health or risk of suicide.[190][better source needed]
^This ground is not explicitly mentioned in the law but it is accepted as a general legal principle.[191][192]
^ abThis ground is only cited in instructions to health committees, not by law.[193]
^ abIf the risk to life or health is immediate, no gestational limit is specified.
^ abAbortion is permitted if the woman is under age 18 or over age 40, or if she is not married or the pregnancy is not from marriage.[195]
^ abThe UN source marks it as a legal ground but it is only established by treaty, not by law and not implemented as of 2020.[197][198]
^This ground is not explicitly mentioned in the law but it is established by judicial decision.[209] It is also mentioned in the National Guidelines on Management of Sexual Violence.[210]
^ abcdefThe penal code prohibits "unlawful abortion", defined as "abortion not authorized by medical doctor commission". The penal code also lists the principles of legitimate defense and necessity to save one's life, which lead to exemption from penal liability.[216] A decision by the Ministry of Health states that abortion is medically authorized, up to 28 weeks of gestation, due to certain medical conditions of the woman or fetus, rape, contraception failure, and certain socioeconomic conditions of the woman or her family.[217] A WHO source also shows Laos as allowing abortion on request up to 12 weeks of gestation, citing guidelines for health workers from 2016,[218] but they were issued before the penal code of 2017 defined "unlawful abortion" and are not mentioned in the decision by the Ministry of Health of 2021.
^ abcIf the woman is under age 13 or over age 49, no limit is specified.
^This ground is not explicitly mentioned in the law.[229] The UN source says that it is accepted as a general legal principle,[42] but other sources say that abortion is not legally allowed under any circumstance in Madagascar.[230][231]
^The law of Maldives is a combination of statutory and Islamic law.[234] The Maldivian penal code criminalizes abortion after 120 days of gestation, except for risk to the woman's life.[235] The Maldivian Islamic jurisprudence allows abortion only for risk to the woman's life, without gestational limit, or in cases of rape, incest, or certain medical conditions of a fetus conceived in marriage, up to 120 days of gestation.[236][237]
^Only for certain medical conditions of a fetus conceived in marriage.[236][237]
^ abThe penal code prohibits abortion without any explicit exception,[242] but the UN source says that abortion to save the woman's life is permitted as a general legal principle.[42] The law on child protection prohibits abortion except for a "proven medical need",[243] and the law on reproductive health prohibits abortion except in case of risk to the woman's life.[244] The government has stated that the law of the country permits abortion on therapeutic grounds.[245]
^Abortion for this ground is permitted by law in all subdivisions except Guanajuato and Querétaro. In these two states, medical professionals at federal health facilities may provide abortion without prosecution,[248][249] while others may be prosecuted but not imprisoned, and they may request judicial relief by amparo.[39][40]
^ abcdefgThe penal codes of some states specify a gestational limit for abortion in case of rape. However, in July 2021, the Supreme Court ruled that it is unconstitutional to set a limit for abortion on this ground.[250][251]
^ abcdThis ground is not explicitly mentioned in the law but it is established by judicial decision.[253]
^ abcThis ground is not explicitly mentioned in the law but it is established by judicial decision.[39][40]
^If the woman is under age 15 or over age 40, the gestational limit is 21 weeks.
^In 2016, the government of Morocco proposed allowing abortion in cases of rape, incest, mental disability and fetal impairment. However, the parliament did not approve the proposal,[289][290] and as of 2021 the abortion articles in the penal code remain unchanged.[291][292]
^May be permitted with no gestational limit in case the fetus is not viable.[293]
^ abcdefghijklmnopqrThe Criminal Code of the predecessor of Nigeria prohibited abortion except to save the woman's life. A judicial decision on a similar law in the parent country allowed abortion also to preserve the woman's health, but the West African Court of Appeal, despite applying the reasoning of the parent country's decision, affirmed only the ground to save the woman's life in Nigerian law. The Criminal Code and its judicial precedent remain in force in the southern states of Nigeria. In the states corresponding to the former Northern Region, the Penal Code replaced the Criminal Code and its judicial precedent, and it also prohibits abortion except to save the woman's life.[299][300]
^ abcdefThe criminal law of North Korea, as amended up to 2015, does not mention abortion.[302][303] In 2015 the North Korean government issued a directive prohibiting medical professionals from performing abortions but did not indicate a penalty for doing so.[304] In 2016, the government stated that abortion was "legal" and "provided upon request by the woman concerned for reasons of risks to her life, physical and mental health and fetal malformation", but it is unclear whether these were the only permitted reasons.[305] It has also been reported that repatriated pregnant women are forced to have abortions to prevent children of mixed ethnicity.[306][307]
^ abcMay be permitted with no gestational limit in some cases.[308]
^ abcThe penal law prohibits abortion without any explicit exception, but it exempts from penal liability actions done by necessity to protect oneself or others from a severe and imminent danger, and in the practice of agreed medical activities or urgent medical intervention.[310] The law regulating medical practice prohibits abortion except for risk to the woman's life or of unbearable illness, and in case of fetal impairment up to 120 days of gestation.[311]
^Different sources specify this limit as 120 days or four months of gestation.[314][315]
^ abcdThe law prohibits abortion except to save the woman's life.[317] However, some sources say that abortion may also be permitted for health reasons and in cases of rape and fetal impairment,[318][319][320] while other sources say that it is not possible to obtain an abortion in any circumstance.[321]
^The law prohibits abortion done "unlawfully" without defining it, and it explicitly permits abortion to preserve the woman's life.[324] An opinion of the State Solicitor in 1982, based on court decisions on identical laws in the former parent country, considered that preservation of the woman's health was also a legal ground for abortion.[325][326] However, in 2018, in the case of a woman who had aborted at four months of pregnancy due to risk to health, the Supreme Court acquitted her because she had been wrongly charged for the crime of killing an unborn child, which only applies shortly before birth (section 312), but ruled that she should have still been charged for the crime of abortion (section 225).[327]
