Abortion in the Netherlands

Abortion in the Netherlands is currently legal on demand with a five-day waiting period.

History
Abortion was deemed illegal under the Penal Code of 1886. Convictions were all but precluded, however, by a requirement that the prosecution prove that the fetus had been alive until the abortion. The Morality Acts of 1911 closed this loophole and strictly barred all abortions except those performed to save the life of the pregnant woman.

Legalization reached the forefront of public debate in the Netherlands during the 1970s as many other Western European countries liberalized their laws. The Staten-Generaal, however, was unable to reach a consensus between those opposing legalization, those in favor of allowing abortion and those favoring a compromise measure. A far-reaching, controversial abortion law was passed in 1981 that left abortion a crime, unless performed at a clinic or hospital that is issued an official abortion certificate by the Dutch government, and the woman who is asking for the abortion declares she considers it an emergency situation. Currently, there are a little over one hundred Dutch general hospitals certified to perform abortions, and twenty-three specialized abortion clinics.

In the Netherlands, abortion performed by a certified clinic or hospital is effectually allowed at any point between conception and viability, subject to counseling and a five-day waiting period. In practice, abortions are performed until approximately 24 weeks into pregnancy, although this limit is the topic of ongoing discussion among physicians in the Netherlands, since, due to recent medical advancements, a fetus may sometimes considered viable prior to 24 weeks. As a result of this debate, abortions are performed after 22 weeks of pregnancy only rarely. Abortions after the first trimester must be performed in a hospital.