Abortion in Spain

Abortion in Spain can be chosen by people up to 14 weeks into a pregnancy. After that time, it is only allowed if there is a serious danger to the person's health or if there are big problems with the developing baby.

The rules about abortion in Spain have changed many times over the years. In the 1930s, it was easier to have an abortion in areas where the Republicans were in control. But this changed when the Franco regime took power with help from the Catholic Church, making abortion against the law again. The rules became a bit looser in 1985 and even more relaxed in 2010.

Even though many people talk and argue about abortion laws, most people in Spain do not want to make them stricter. In recent years, fewer people are choosing to have abortions, partly because there is better access to emergency contraception.

Overview

See also: Abortion in Francoist Spain and the transition period

In Spain, a person can choose to end a pregnancy up to 14 weeks after it begins. This rule started on July 5, 2010, under a special law about health and pregnancy care.

Before this law, many people still tried to end pregnancies even though it was against the rules. Some people believed this was very dangerous for women, especially those who could not travel to other places for help. Others strongly disagree, saying it is wrong to end a life. Different groups in Spain have different opinions about this topic. Most people think the government should talk more about it and make clear rules.

Second Spanish Republic

On 25 December 1936, in Catalonia, people were allowed to choose to end a pregnancy during the first 12 weeks. A leader named Josep Tarradellas signed this law on 9 January 1937.

Later, in 1937, during the Spanish Civil War, another leader named Federica Montseny made the same choice for ending pregnancies legal. However, after the war, a leader named Francisco Franco changed the law back.

Organic Law 9/1985

In the Organic Law 9/1985, which was adopted on 5 July 1985, rules about ending pregnancies were changed in three special situations. These were when there was a serious danger to the mother's health, when the pregnancy was due to a crime, or when the baby had serious health problems.

Under this law, a mother could end a pregnancy in a hospital during the first 12 weeks if it was due to a crime. For serious health problems in the baby, it could be done in the first 22 weeks. If the mother's health was at risk, it could be done at any time during the pregnancy. Doctors had to check these situations, and the mother had to agree. If these rules were not followed, there could be serious punishments for both the mother and the doctor.

Organic Law 2/2010

On 3 March 2010, a new law was created to protect important health rights for women. This law explains when and how certain medical decisions can be made safely and with proper support.

The law allows women to make their own choice about ending a pregnancy during the first 14 weeks, without needing permission from anyone else. After 14 weeks, this choice is only allowed in special cases where there is a serious risk to the mother's health or if tests show the baby might not survive after birth. All of these decisions must be made by doctors in proper medical settings, and women must receive clear information and wait a short time before the procedure. For younger women aged 16 to 17, they can make this choice themselves, though a trusted adult should usually be told unless there is a risk of danger at home.

Main article: World Health Organization

Approval process of the new law

In 2009, Spain changed its rules about when a pregnancy could be ended. The new rules allowed it during the first 14 weeks for any reason. It could also be done later, up to week 22, if the pregnant person’s health or life was at serious risk, or if there were serious problems with the developing baby. If tests showed the baby would not survive after birth, there was no time limit for ending the pregnancy. Young people aged 16 and 17 could choose to end a pregnancy without needing their parents’ permission.

Many people and groups had different opinions about this change. Some supported it, while others did not. The new law was passed by a vote in 2010. Some political parties and many people agreed with it, while others, including some political groups and religious leaders, did not.

Amendments proposed by the People's Party government of Mariano Rajoy

In January 2012, Alberto Ruiz-Gallardón, the Minister of Justice for the new conservative People's Party government led by Mariano Rajoy, said that they wanted to change the rules about certain health decisions made by women. These rules had been created by a previous government led by Rodriguez Zapatero. The new plan was debated, especially about whether young people aged 16 to 18 could make their own choices without telling their parents first.

Later, in December 2013, the Government of Spain shared a new idea for these rules: only certain situations would be allowed, like if there was a serious health danger. The plan also said that young people under 18 would need their parents' permission. Many people and groups did not agree with these changes, feeling they were unfair to women. Because of this disagreement, in September 2014, Prime Minister Mariano Rajoy decided to stop trying to change the rules, though he still wanted young people aged 16 and 17 to get permission from their parents. The Minister of Justice, Alberto Ruiz-Gallardón, left his job after this decision.

2022 extension of rights and elimination of obstacles

In May 2022, the government led by Pedro Sánchez approved a new law about pregnancy choices. This law allows people to choose to end a pregnancy at public health centers. It also says that young people who are 16 or older can make this choice without needing their parents to agree. The law also recognized the importance of taking care of menstrual health for the first time. After going through the steps in parliament, the law became official in February 2023.

Number of abortions in Spain

In 2009, there were 112,000 abortions in Spain. This was about 4,000 fewer than the year before, which was the first time the number had gone down since 1997. The health minister at the time said this decrease happened because pharmacies started selling a special pill to prevent pregnancy more easily.

In Spain, the number of abortions has changed over time, based on data from the health ministry.

Surgical and medical abortions in Spain

There are two main ways to end an unwanted pregnancy:

Medical abortion - This uses special drugs like mifepristone and misoprostol to help the body end the pregnancy.

Surgical abortion - This is done in a clinic or hospital and may involve procedures like aspiration, dilation, and curettage.

In Europe, many countries use medical abortions often. For example, in 2010, medical abortions made up 67% of all abortions in Portugal, 49% in France, 40% in Great Britain, and 70% in Finland. But in Spain and Italy, it was much less, only about 4%, since the drug mifepristone became available in December 2009.

Other information

Abortion became available in a limited way starting on 5 July 1985. At that time, it was only allowed in certain situations: to protect the mother’s mental health (with approval from two doctors), if the pregnancy was due to reported rape or incest (and done within the first twelve weeks), if the fetus was expected to have serious health issues at birth (with two doctors agreeing), or if the mother’s physical health was in immediate danger (and could be done without her doctor or her permission).

In 2009, the government tried to make the rules about abortion more relaxed. They wanted to allow abortions up to the fourteenth week of pregnancy. Girls aged 16 and 17 would need to tell their parents about an abortion, except in cases where telling them would cause more problems at home. Many people protested these changes in Madrid. The new law was finally approved on 24 February 2010 and started on 5 July 2010.