Thanks to the Federal Statistical Office, the data on abortions in Germany is comparatively good. Annual figures are collected on the number and background of official abortions.
Law & regulations
Abortion law in Germany
The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth explains on its website: “In Germany, abortion is generally a criminal offence for all parties involved in accordance with Section 218 of the German Criminal Code (StGB)”1. The legal text officially states2:
Anyone who terminates a pregnancy is liable to a custodial sentence of up to three years or a fine.
Bundesministerium für Justiz, Strafgesetzbuch (StGB): § 218 Schwangerschaftsabbruch
However, there are some additional paragraphs for pregnant women that mitigate their criminal liability. For example, there is a clear distinction between pregnant women and those involved in an abortion. Pregnant women cannot be prosecuted solely for attempting to terminate a pregnancy and the maximum prison sentence is limited to one year or a fine. In addition, the legislation in Section 218a StGB provides for a number of exceptions, which significantly increases the complexity of the legislation.
Germany has one of the most complicated abortion laws in Europe.
IPSOS whitepaper on attitudes and opinions on abortion in Europe
There are basically three legal exceptions where abortion is possible without penalty:
- Abortion after counselling
- Abortion for medical necessity
- Abortion for criminological indication
Exception 1: Counselling regulation (according to § 218a paragraph 1 StGB)
For an abortion according to the counselling regulations, the pregnant person is required to visit a state-recognised pregnancy counselling centre three days before the planned abortion. A so-called counselling certificate is issued here, which is then presented at the abortion appointment. However, this is only possible if the abortion is carried out within twelve weeks of conception and the attending doctor was not involved in the counselling.
Requirements for Section 218a (1) StGB
- Interview at a state-recognised pregnancy conflict counselling centre at least 3 days before the appointment
- Counselling certificate must be presented before the abortion
- Possible within 12 weeks of conception
- The doctor involved must not have been involved in the consultation
Exception 2: Abortion for medical indication (according to § 218a paragraph II StGB)
If the abortion is medically necessary, it is also exempt from punishment. Both “present” and “future” living conditions are taken into account here. According to the text of the law, the legislator created this regulation “to avert a danger to life or the danger of serious impairment of the physical or mental health of the pregnant woman”. However, the restriction is made that the potential danger cannot be eliminated in any other way.
Requirements for Section 218a (II) StGB
- Must be medically established
- Danger to life or serious impairment of physical or mental health
- Danger cannot be averted in any other way
Exception 3: Abortion following a criminal offence (in accordance with Section 218a (III) StGB)
If the doctor establishes that the person having the abortion was the victim of rape (“unlawful offence under Sections 176 to 178 of the German Criminal Code”), an abortion is also exempt from punishment. There must be “compelling reasons to believe that the pregnancy is the result of the offence”. In addition, no more than twelve weeks must have passed since conception.
Requirements for Section 218a (III) StGB
- Must be medically established
- Only after rape
- Assumption necessary that pregnancy is based on the offence
- Up to twelve weeks after conception
Facts & Figures
How many abortions are performed in Germany?
According to the Federal Statistical Office (Destatis), there were around 106,000 reported abortions in the Federal Republic of Germany in 2023. This is 2.2 per cent more than in the previous year. 2021 was the lowest figure of all available data since the 1990s.
It remains to be seen whether there will now be a sustained trend reversal. A constant decrease in abortions has been observed since the 2000s.
However, it is unclear why the number of abortions in Germany has risen recently. The authority explains the following:
“Based on the available data, there is no clear cause for the further increase in 2023”
Press release of the Federal Statistical Office
The vast majority of abortions are due to the so-called counselling regulation3. In 2023, 102,187 abortions were reported in this way. Destatis also reports 3,996 abortions for medical reasons and 35 cases as a result of a criminological indication.
More detailed information on abortions in Germany can also be found in the Federal Health Report.4
Public Opinion
What Germans think about abortion
According to a 2016 whitepaper by the data analysis company IPSOS, around half of all Germans are in favour of abortions being justified by the woman’s will alone5.
Around a third (35%) attach conditions to a possible abortion and would only accept it if the person having the abortion was a rape victim or similar. Around five per cent are fundamentally opposed to abortion, but would accept it if the mother’s life were in danger. One per cent still do not recognise any justification for an abortion. One in ten respondents were unable or unwilling to express an opinion on the subject.
Advocates of abortion without conditions
A relatively balanced picture emerges among those in favour of abortion without restrictions. The IPSOS data show that age has only a negligible effect on the proportion of those in favour:
The distribution within the gender groups is very similar.
Abortion Seekers
Who are the people who have abortions?
Around a quarter of all abortions in Germany are carried out between the ages of 30 and 35. The second largest group (22%) for abortions are people aged between 25 and 30. Almost one in ten abortions are performed by people over 40 (9%) and around two per cent by people under 18.
Single people carry out most abortions. In recent decades, the number of abortions performed on widowed, divorced and married people has decreased.
Abortions in Germany are often carried out when the person already has children. Over half (58%) had already had at least one child before the abortion.
The overwhelming majority of all abortions in Germany take place within 12 weeks of conception and thus within the time frame that guarantees a legal abortion through the counselling regulations.
Abortion methods
How are pregnancies terminated in Germany?
Vacuum aspiration is the most popular abortion method in Germany. However, the number of abortions induced using Mifegyne or Mifepristone has increased significantly in recent years.
Over the years, there has been a significant increase in the number of abortions using Mifegyne/Mifepristone. Although curettage is no longer recommended by the World Health Organisation (WHO), the method is still used to a significant extent in Germany.
Costs & financing
How much does an abortion cost in Germany?
The cost of an abortion in Germany is usually between 300 and 700 euros, depending on the method chosen (surgical or medication) and the type of anaesthetic. Medication abortion usually costs less than surgical abortion, as no anaesthetic is required6.
People who have an abortion performed in accordance with the counselling regulations bear the costs of the procedure themselves. However, the costs of medical counselling, pre- and post-operative examinations and follow-up treatment may be covered by statutory health insurance.
In this case, you must apply to a statutory health insurance fund for cost coverage before the procedure, as no costs will be covered retroactively. The certificate of cost coverage must be presented to the organisation performing the abortion6.
In the case of low or no income, there may also be an entitlement to have the costs of the abortion covered, regardless of whether and how the person having the abortion has health insurance. This regulation applies to anyone with an income of less than 1383 euros per month (valid until June 2024) and who has no short-term realisable assets. This income limit increases by 328 euros for each minor child living in the household. A further increase up to a maximum of 405 euros is possible if the cost of accommodation exceeds 405 euros. There is also an entitlement to the assumption of costs if the person receives social benefits, receives benefits in accordance with the Asylum Seekers Benefits Act or lives in a facility whose costs are borne by social or youth welfare.
Points of Contact
Institutions that can serve as first contact
There are numerous organisations that can help with abortions. GPs can be the first point of contact. There are also various counselling centres that provide information free of charge, e.g:
- Arbeiterwohlfahrt
- Der Paritätische Wohlfahrtsverband
- Deutsches Rotes Kreuz
- Diakonisches Werk
- donum vitae
- Gesundheitsamt
- pro familia
Sources
Where we get our information from
- Federal Ministry for Family Affairs, Senior Citizens, Women and Youth: https://www.bmfsfj.de/bmfsfj/themen/familie/schwangerschaft-und-kinderwunsch/schwangerschaftsabbruch/schwangerschaftsabbruch-nach-218-strafgesetzbuch-81020 ↩︎
- Criminal Code (StGB), § 218 Schwangerschaftsabbruch: https://www.gesetze-im-internet.de/stgb/__218.html ↩︎
- Information brochure from the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (PDF, S.9): https://www.bmfsfj.de/resource/blob/95282/ed384270cbdec0132e2ccfb335561982/schwangerschaftsberatung—218-data.pdf ↩︎
- Table on abortions in Germany from the Federal Health Monitoring Programme: https://www.gbe-bund.de/gbe/isgbe.information?p_uid=gast&p_aid=73680305&p_sprache=D&p_thema_id=3724&p_thema_id2=1&p_thema_id3=&p_thema_id4= ↩︎
- Whitepaper from IPSOS Germany: https://www.gbe-bund.de/gbe/isgbe.information?p_uid=gast&p_aid=73680305&p_sprache=D&p_thema_id=3724&p_thema_id2=1&p_thema_id3=&p_thema_id4= ↩︎
- Federal Centre for Health Education: https://www.familienplanung.de/schwangerschaftskonflikt/schwangerschaftsabbruch/die-kosten-eines-schwangerschaftsabbruchs/ ↩︎
- Federal Centre for Health Education: https://www.familienplanung.de/schwangerschaftskonflikt/schwangerschaftsabbruch/die-kosten-eines-schwangerschaftsabbruchs/ ↩︎