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 some areas. 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, some people still tried to end pregnancies even though it was against the rules. Some people thought this was dangerous for women, especially those who could not travel for help. Others disagreed, saying it is wrong to end a life. Different groups in Spain have different opinions about this topic. Many 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.

Organic Law 2/2010

On 3 March 2010, a new law was made to protect important health rights for women. This law talks about when and how women can make safe medical choices with proper help.

The law lets women choose to end a pregnancy by themselves 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 choices must be made by doctors in proper medical settings. Women must get clear information and wait a short time before the procedure. For younger women aged 16 to 17, they can make this choice themselves, but 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 ending a pregnancy. 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 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, said that the new government wanted to change some rules about health decisions for women. These rules were made by a previous government.

In December 2013, the Government of Spain shared a new idea: only a few 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 did not agree with these changes, feeling they were unfair to women. Because of this, in September 2014, Prime Minister Mariano Rajoy decided to stop trying to change the rules. 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. The health minister 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.

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. In Spain and Italy, it was used much less.

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, if the pregnancy was due to reported rape or incest, if the fetus was expected to have serious health issues, or if the mother’s physical health was in immediate danger.

In 2009, the government tried to make the rules about abortion more relaxed. Many people protested these changes in Madrid. The new law was finally approved on 24 February 2010 and started on 5 July 2010.