A proposal to partially legalize abortion within the first twelve weeks of pregnancy has officially failed, as the Bundestag did not hold the necessary votes before the upcoming election. The initiative, which aimed to remove abortion from the criminal code, was backed by 328 members of parliament, primarily from the Social Democrats (SPD), the Greens, and the Left party. This lack of progress reflects deeply entrenched divisions within German politics, particularly around the controversial Paragraph 218 of the penal code, which continues to regulate abortion.
The proposal intended to acknowledge abortion as legal and free of criminal penalties up to the twelfth week, making it subject to regulations outside the penal law framework. It also sought to eliminate the current mandatory three-day waiting period after counseling and proposed coverage of abortion costs by health insurance providers. The negative outcome is noted as particularly disappointing by the proponents, who had hoped for at least some movement from the Free Democratic Party (FDP).
After the hearings by the Rechtsausschuss (Legal Affairs Committee), there was no consensus reached on whether to allow for such legislative action. Critically, Carmen Wegge (SPD) remarked, “Diese rote Linie überschreiten wir nicht,” emphasizing the unwillingness of SPD and Greens to proceed if it meant aligning with the AfD, which they explicitly wanted to avoid.
The current law remains intact, creating concerns among proponents about the broader societal impact. Alicia Baier, representing the organization "Doctors for Choice Germany," pointed out, “Die aktuelle Rechtslage schreckt viele Ärztinnen und Ärzte davon ab, Abbrüche vorzunehmen,” indicating how the law deters healthcare professionals from providing necessary services.
Discussion around the legal reform has also included various expert opinions. Matthias David, a Berlin-based gynecologist who performs abortions, argued, “Die Versorgungslage mit Schwangerschaftsabbrüchen ist nicht prekär,” countering claims of inadequate medical access for women seeking abortions. This reflects broader divisions even among medical professionals and legal experts concerning the state of healthcare access related to abortion.
Diverging opinions persisted during the committee's discussions. While some legal scholars believed existing constitutional judgments did not block reform, others, such as Frauke Rostalski, claimed proposed changes were unconstitutional, which evidently added to the complications of pushing the bill forward.
Prior to the committee session, over 300,000 signatures were collected seeking support for legalizing abortion during public demonstrations outside the Bundestag. Visible societal demand for reform showcases significant public backing, aligning with various surveys indicating high approval rates for liberalizing abortion laws.
The timing could not have been more pressing, as the Bundestag is set to pause its sessions leading up to the national elections. Britta Haßelmann of the Greens made a passionate appeal during the discussions, saying, “Das ist mein dringender Appell: Setzen Sie sich in der Sache auseinander,” urging members of the Union to engage with the issue rather than blocking discussions. Nonetheless, the prevailing stance among those opposing the reform remained obstinately against any modifications to the existing law.
With the end of this legislative session, any proposed changes to the abortion laws will need to be reintroduced and supported by the newly elected parliament and government, paving the way for another potentially contentious debate after the elections. The current state of affairs implies just how complex and polarized the discussions surrounding women’s reproductive rights have become within Germany, especially as statistical data from 2023 indicate rising abortion numbers — approximately 106,000 reported cases, up by 2.2% from the prior year. This upward trend contrasts sharply with the legislative reluctance to enact meaningful changes.
The effort to reform abortion laws is far from concluded, though, as advocates insist on the necessity of updating and liberalizing regulations surrounding women's health and reproductive rights. Though the recent setbacks feel like lost opportunities, they also intensify the urgency for lawmakers to address this deeply sensitive and personal matter moving forward.