Termination of Pregnancy & Abortion in Spain

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Termination of Pregnancy & Abortion in Spain

The Law 

Article 417 of the Penal Code states that Abortion is not a punishable offence if carried out by a medical practitioner in a public or private clinic with the express consent of the pregnant woman under the following circumstances:

1. To avoid physical or mental harm to the mother (in this case two specialists must consent to the abortion going ahead)
2. If the pregnancy is the result of rape or an act of incest that has been declared to the police. The abortion must however be carried out within the first 12 weeks.
3. If the baby is severely physically or mentally handicapped. The abortion must again take place within the first 22 weeks. In this instance two specialists from an approved health centre plus the doctor in charge must certify that the foetus will suffer from its severe defects if allowed to be born.
4. In the case of an emergency that puts the life of the mother at risk, the abortion may be carried out without the express consent of the doctor and without that of the mother.

Note: women will be penalised if the abortion is not carried out in an approved public or private health centre or if the necessary medical opinions have not been sought. However if a court so chooses, it may exonerate a pregnant woman from guilt on the basis of social grounds.

All voluntary interruptions of pregnancy carried out in conformity with Organic Law No. 9 of 1985 must be reported to the Spanish national health authorities by the Ministry of Health of each Autonomous Community on receipt of a form filled out by the doctor performing the abortion. The woman is not required to supply her name.

If one of these four circumstances exists, the Spanish Social Security (Seguridad Social) will pay for the termination.

Non-Spanish residents who contribute to the Spanish Social Security system, are entitled to the same healthcare as Spaniards. Those who have paid regular social security contributions in another EU country are also entitled to healthcare in Spain for a limited period. The form E106 must be obtained from the social security office in the person's home country and taken to the local office of Spanish National Social Security (Instituto Nacional de la Seguridad Social). A social security card (tarjeta de seguridad social) will be issued, which must be shown to the doctor when the abortion is requested.

Note: The Spanish social security system only covers 75 percent of the cost of the abortion. Many people in Spain take out complimentary health insurance to cover the remaining percentage.

Other abortions

If the case does not fit into one of the four categories mentioned above, the abortion will not be covered by the Spanish national health service. Although those with very limited resources can apply to their local Family Planning centre for emergency financial assistance. Most abortions take place in private clinics in Spain. 

• For a website listing all Spanish abortion clinics: Click here

The morning-after pill

The morning-after pill (La Pildora del dia despues) is used frequently in Spain and can be obtained from a Gynaecologist (Ginecologo). Showing a medical card will mean the price is greatly reduced. (Contraception is not free in Spain).

Family Planning Organisations

The Family Planning Federation of Spain (FPFE) has offices in Andalucia, Castilla Y Leon, Catalonia and the Balearics, Extremadura, Galicia, La Mancha and Madrid. 

• For office addresses: Click here 

Attitudes towards abortion in Spain

Views range from the hard-line conservative stance that abortion is only admissible in the case where the woman's physical health is at risk, to that of the radical liberalists who believe women have the right to voluntarily end their pregnancy at any given time and for whatever reason.

Further Information

• Clinicas Abortos website lists all abortion clinics in Spain
• Dator Clinic Spanish reproductive health centre offering advice in English
• International Federation of Abortion and Contraception Professionals
• Spanish Federacy of Organizations for Family Planning Supplying emergency contraception and abortion counselling, but not services.
• Madres Solteras defending the rights of single mothers
• BBC News Europe