Abortion in Sweden

The Abortion Act (1974:595)[1]

Section 1
If a woman requests termination of her pregnancy, an abortion may be performed if the procedure is performed before the end of the eighteenth week of pregnancy and it may not be assumed that it will entail serious danger to the woman’s life or health on account of her having an illness. Act (1995:660).

Section 2
If a woman has requested an abortion or if the question of termination of pregnancy has arisen under the provisions of Section 6, she must be offered counselling before the procedure is performed. Act (1995:660).

Section 3
After the end of the eighteenth week of pregnancy an abortion may be performed only if the National Board of Health and Welfare has granted the woman permission for the procedure. Such permission may only be granted if exceptional grounds exist for the abortion.

Permission under the provisions of the first paragraph may not be granted if there is reason to assume that the foetus is viable.

Section 4
If an abortion in a case referred to under Section 1 is refused, the matter shall be immediately referred to the National Board of Health and Welfare for review. Act (1995:660).

Section 5
Only a person authorised to practise medicine may perform an abortion or terminate a pregnancy under the provisions of Section 6.

The procedure must be performed at a general hospital or other medical institution approved by the National Board of Health and Welfare. Act (2007:998).[2]

Section 6
If it may be assumed that the pregnancy entails grave danger to the life or health of the woman, on account of her having an illness or bodily defect, the National Board of Health and Welfare may give permission to terminate the pregnancy after the end of the eighteenth week of pregnancy, regardless of how far the pregnancy has progressed.

If, due to illness or bodily defect of the woman, the termination of a pregnancy can not be postponed the procedure may be performed notwithstanding the provisions of the first paragraph and Section 5, second paragraph. Act (2007:998).[2]

Section 7
The decisions of the National Board of Health and Welfare regarding permission for abortion or termination of pregnancy under the provisions of Section 6 may not be appealed. Act (1995:660).

Section 8
After an abortion or termination of pregnancy under the provisions of Section 6 the woman must be offered counselling. The person in charge at the hospital or health care facility where the procedure has been performed must ensure that such an offer is made. Act (1995:660).

Section 9
Any person who, without being authorised to practise medicine, intentionally performs an abortion on another person shall be fined or imprisoned for a maximum of one year for illegal abortion.

If an offence referred to in the first paragraph is gross, a prison sentence of a minimum of six months and a maximum of four years shall be imposed. When assessing whether the offence is gross special consideration shall be given to whether the act was habitual or for profit or involved particular danger to the woman’s life or health.

An attempt to bring about an illegal abortion is punishable under Chapter 23 of the Penal Code.

Section 10
The intentional disregard by a medical practitioner of the provisions of Section 4 or, subject to Section 6, second paragraph, of Section 3 or Section 5, shall be punishable by a fine or imprisonment of a maximum of six months.

Section 11
The proceeds of an offence under this Act shall be declared forfeited, unless this is manifestly unreasonable. Act (2005:294).

Abortion in Sweden was first legislated by the Abortion Act of 1938.[3] This stated that an abortion could be legally performed in Sweden upon medical, humanitarian, or eugenical grounds. That is, if the pregnancy constituted a serious threat to the woman's life, if she had been impregnated by rape, or if there was a considerable chance that any serious condition might be inherited by her child, she could request an abortion. The law was later augmented in 1946 to include socio-medical grounds and again in 1963 to include the risk of serious fetal damage. A committee investigated whether these conditions were met in each individual case and, as a result of this prolonged process, abortion was often not granted until the middle of the second trimester. As such, a new law was created in 1974, stating that the choice of an abortion is entirely up to the woman until the end of the 18th week.[3]

  1. ^ "The Abortion Act[permanent dead link] (SFS 1974:595)" Unofficial translation provided by the Ministry of Health and Social Affairs, Sweden. Promulgated 19 May 2005; with amendments up to and including Swedish Code of Statutes 2005:294; entered into force 1 July 2005; translated 1 February 2006.
  2. ^ a b Law about changing the Abortion Act, Lag om ändring i abortlagen (1974:595)(Swedish) Archived 28 July 2011 at the Wayback Machine
  3. ^ a b Official Statistics of Sweden: Statistics – Health and Medical Care: Induced abortions 2009 Archived 27 July 2011 at the Wayback Machine (2010) National Board of Health and Welfare. ISBN 978-91-86585-24-2.