Abortion in Poland

Abortion in Poland is banned except in the following three circumstances.
# When the woman's life or health is endangered by the continuation of pregnancy,
# When the pregnancy is a result of a criminal act, and
# When the fetus is seriously malformed

Unlike in other countries where abortion is banned, women in Poland are not subject to a penalty for illegal termination of pregnancy. Consent of a physician is required for the circumstances (1) and (3) above, while abortions in view of circumstance (2) above must be certified by prosecutor. Parental consent is always required if the woman seeking abortion is a minor. [http://bbc.news.co.uk/2/hi/europe/6235557.stm#poland]

In addition, persuading a woman to carry out illegal termination of her pregnancy is a criminal act in the same way as illegal abortion is.

History

Until 1932, abortion was banned in Poland without exceptions. In that year a new Penal Code legalized abortion strictly when there were medical reasons and, for the first time in Europe, when the pregnancy resulted from a criminal act. [http://www.przestepczosczorganizowana.republika.pl/praw_pliki/historia_prawa/Kodeks_karny_1932r.pdf] Except during the German occupation during the Second World War, this law was in effect from 1932 to 1956. In 1956 the Sejm legalized abortion in cases where the woman was experiencing "difficult living conditions". The interpretation of the change in the law varied from a restrictive interpretation in the late 1950s to one in where abortion was allowed on request in the 1960s and 1970s.

After the fall of Communism, abortion debate erupted in Poland. Roman Catholic and Lutheran Churches, and right-wing politicians pressured the government to ban abortion except in cases where abortion was the only way to save the life of the pregnant woman. Left-wing politicians and most liberals were opposed to this, and defended the above mentioned 1956 legislation. The abortion law in Poland today ("Law on family planning, protection of the human fetus and conditions for legal abortion") was enacted in January 1993 as a compromise between both camps.

In 1997, parliament enacted a modification to the abortion bill which permitted the termination of pregnancy in cases of emotional or social distress, but this law was deemed unconstitutional by the Constitutional Court. In December of that year the legal status of abortion in Poland was restored to that in 1993.

References