Reform of paragraph 218

A revision of the Pregnancy and Family Assistance Amendment Act

Paragraph 218 of the German Criminal Code – known as the “abortion paragraph” – was introduced in 1871 and established abortion as a criminal offence. Relaxed after bitter controversy during the Weimar Republic, it was again tightened after 1933. During the Third Reich, certain prosecutions for the offence could even culminate in the death penalty. 1972 saw East German law makers decide to legalize abortions performed up to 12 weeks after conception. In West Germany, the legal sanctions on abortion did not prevent half a million illegal terminations every year. Responding to this situation, the news magazine Stern published the names of 371 women, many of them famous, who admitted to having had an abortion. After a long and controversial debate, the Bundestag passed a reform in 1976, following which abortion remained essentially illegal, but could be permitted under certain circumstances such as rape, health risks or social hardship.

German reunification necessitated the agreement of a standardized solution. As part of a heated nationwide debate, the Federal Constitutional Court stressed the constitutional obligation to protect unborn human life. On 29 June 1995, the Bundestag decided on a compromise that is still in force today. Abortions can now be permitted up to 12 weeks after conception, following a counselling session. The costs of the procedure are to be borne by the pregnant woman as long as she can afford them.