In 2010, Spain laid out its new abortion law that allows women to receive an abortion before 14 weeks of gestation. The law also allows abortion until 22 weeks due to physical and maternal health. Additionally, gestation can be terminated after 22 weeks if the fetus is not alive or with a serious incurable disease.
The history of Spanish legislation on abortion
Abortion law wasn’t always this way – in 1985, abortion was allowed if it fell in one of these three categories:
in the case of rape within 12 weeks
if the fetus is likely to have severe mental or physical defects within 22 weeks
to protect the physical and mental health of the mother with no limit in gestation
Abortion Law now
Hence, Organic Law 2/2010 was passed, allowing any woman to seek an abortion in the first 14 weeks of her pregnancy. The biggest change in this legislation is allowing an abortion without it having to qualify in any of the reasons from the 1985 legislation. This is where abortion was allowed until 22 weeks as well. A significant change also allowed minors aged 16 and 17 to receive an abortion without parental consent. One parent only had to be informed unless it would cause serious conflict.
Years later in 2022, abortion law was changed to allow 16 and 17 year olds to receive an abortion without informing a parent or guardian. The new law also prohibits any harassment outside health centers directed towards women seeking abortion. Before this law, many right-wing advocates would be in the vicinity of health centers and threaten women seeking abortions.
For our international clients
If you live in another country where abortion is illegal, you are able to travel to Spain to receive the procedure. It is legal to receive healthcare in countries outside your home country. You will not be asked the reasons why you need an abortion. You are protected under Spain’s laws. You will not be persecuted under the laws of your home country since you are receiving aid in a different country, therefore, Spain’s laws will extend to you.
Conclusively, as of June 2023, abortion remains to be permissible in Spain, even though many countries have criminalized the procedure in recent years. Stay up to date with Spain´s abortion laws and contact our lawyers with any questions.
Piñera del Olmo
Aribau 114, entlo 2a
08036 Barcelona
Phone: +34 93 514 39 97
Fax: +34 93 127 07 66
Email: rpinera@pineradelolmo.com