WARSAW, Poland (AP) — In a move aimed at improving access to abortion for women needing to end a pregnancy for health reasons, Poland’s government is issuing new guidelines for doctors that seek to clarify and ease the conditions under which abortions can be legally performed.
Under Poland’s existing law, abortion is permitted only in cases where the pregnancy results from a crime such as rape or incest, or if the woman’s health or life is at risk. However, the restrictive nature of the law has led to significant legal and procedural hurdles, exacerbated by a previous conservative government’s limitations on qualifying circumstances. These constraints, coupled with fear of prosecution, have led to widespread protests and a reluctance among healthcare professionals to perform abortions even when legally permissible.
The new guidelines, set to be published by the Health Ministry on Friday, are intended to address these issues by reaffirming the legality of abortions based on medical recommendations. Specifically, the guidelines state that a recommendation from a single specialist doctor—whether a cardiologist, endocrinologist, or psychiatrist—should be sufficient for a woman to obtain a legal abortion. This is intended to simplify the process and reduce the need for multiple medical opinions, which often delays access to care.
Prime Minister Donald Tusk, who has been vocal about the need for abortion law reform, acknowledged the limitations of the current parliamentary environment. “If we can’t open wide the doors in the parliament, we are opening small gates,” Tusk said at a news conference. His government had previously attempted to liberalize abortion laws to allow for abortions up to the 12th week of pregnancy, but the proposal fell short of the necessary parliamentary support.
Health Minister Izabela Leszczyna highlighted the practical challenges women face under the current system. “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,” Leszczyna said. This delay in obtaining abortions can be particularly problematic as the time window for legal abortion narrows.
The new guidelines are seen as a step toward mitigating these challenges by making it clearer that a single medical recommendation is sufficient for an abortion to proceed. The goal is to reduce bureaucratic hurdles and alleviate some of the legal risks associated with performing abortions under the current law.
Despite these efforts, the broader legal framework remains restrictive. Doctors and individuals who assist in procuring abortions outside the limited circumstances face up to three years in prison, though women themselves are not prosecuted. The restrictive nature of the law has been a point of contention, particularly following a 2020 court decision that removed a provision allowing abortion in cases of severe fetal abnormalities. This decision triggered widespread protests and increased scrutiny of Poland’s abortion laws.
The current government’s guidelines are a response to ongoing public pressure and the desire to address some of the law’s more contentious aspects, even in the absence of broader legislative reform. By focusing on the regulatory and procedural aspects of abortion access, the government aims to provide more immediate relief to women facing difficult decisions about their pregnancies.
As Poland navigates this complex issue, the new guidelines represent a significant, albeit incremental, shift in the country’s approach to abortion. They reflect ongoing efforts to balance legal constraints with the need to provide practical solutions for women seeking access to reproductive healthcare.