Poland eases abortion access with new guidelines for doctors under a restrictive law

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Seeking to ease access to abortion for women needing to end a pregnancy for health reasons, Poland’s government is issuing guidelines to doctors Friday that reaffirm the legality of such procedures, based on medical recommendations.

Under the current law, abortions for health reasons are permitted but the previous conservative government limited some other qualifying circumstances, leading to mass street protests and heightening the reluctance of doctors to expose themselves to a possible prosecution.

The current government of Prime Minister Donald Tusk promised to liberalize the law to allow abortion up to the 12th week of pregnancy, but the proposal narrowly failed to gather the necessary support in parliament. The government is now looking at other ways to increase access to abortion.

“We do not remain inactive on the subject of making it possible for women in early pregnancy who for various reasons believe that they should have access to legal abortion,” Tusk told a news conference.

„If we can’t open wide the doors in the parliament, we are opening small gates,” Tusk said.

The guidelines to be published Friday by the Health Ministry emphasize that a recommendation by one specialist doctor, including a cardiologist, endocrinologist or psychiatrist, is basis enough for a woman to obtain a legal abortion in hospital, and the doctor performing the procedure should not be liable for prosecution.

Health Minister Izabela Leszczyna said that currently a majority of doctors and hospitals do not respect the regulations allowing for early abortion based on one doctor’s opinion and often seek further opinions while time is running out.

Currently, abortion is allowed only if the pregnancy results from a crime such as rape or incest, or if the woman’s health or life is threatened. In all other cases, doctors or persons who help to procure an abortion can face up to three years in prison. The woman will not be prosecuted.

In 2020, a court controlled by the previous right-wing government abolished a provision a llowing for the termination of pregnancy due to grave, irreparable defects of the fetus. That decision drew nationwide protests.