Previously, abortion was only possible in the case of a pregnancy that was the result of rape or incest or in a situation of extreme danger to a pregnant woman’s health.
The Polish government has announced new guidelines aimed at facilitating safe access to abortion, reaffirming the legality of the highly divisive procedure.
Under the current law, abortions for health reasons are permitted but the previous conservative government limited some other qualifying circumstances.
That led to mass street protests and heightened the reluctance of doctors to expose themselves to possible prosecution.
The current government of Prime Minister Donald Tusk promised to liberalize the law to allow abortion up to the 12th week of pregnancy, but that proposal narrowly failed to gather the necessary support in parliament.
“We are looking for such ways of acting, in accordance with the law, that will allow access to legal abortion for women who, for various reasons, should have the right to this abortion,” Tusk said.
The guidelines published on Friday by the Health Ministry say that a recommendation by one specialist doctor, including a cardiologist, endocrinologist or psychiatrist, is basis enough for a woman to obtain a legal abortion in hospital, and the doctor performing the procedure should not be liable for prosecution.
Previously, abortion was only possible in the case of a pregnancy that was the result of sexual abuse or in a situation of extreme danger to a pregnant woman’s health.
Those strict regulations led to a number of deaths across the country after doctors refused to perform an abortion for fear of being punished with imprisonment.
Doctors or persons who help to procure an abortion can face up to three years in prison. The woman will not be prosecuted.
Health Minister Izabela Leszczyna said that currently a majority of doctors and hospitals do not respect the regulations allowing for early abortion based on one doctor’s opinion and often seek further opinions while time is running out.
“A pregnant woman turning to a medical entity that has a contract with the National Health Fund with a medical referral that the pregnancy is a threat to her health, must receive the medical service of abortion in this entity,” she said.
Hospitals that refuse to perform an abortion on a woman with a medical referral, could be fined up to 500,000 zlotys (around €115,000) or lose their National Health Fund contract.
In 2020, a court controlled by the previous right-wing government abolished a provision allowing for the termination of pregnancy due to grave, irreparable defects of the foetus.
That decision drew nationwide protests.
