Abortion Laws in Sweden

SWEDEN. Act of 18 May 1995 to amend the Abortion Act. (An Act to amend the Abortion Act [1974:595], Stockholm, Sweden, Ministry of Health and Social Affairs, 1995, 2 p.)

Section 1

On a woman requesting the termination of her pregnancy, an abortion may be performed if the measure is taken before the expiry of the 18th week of pregnancy and cannot be presumed, on account of illness on the woman’s part, to entail any serious danger to her life or health.

Section 2

On a woman requesting an abortion or on the question of termination of the pregnancy having arisen as referred to in Section 6, she shall be offered a supportive interview before the measure is taken.

Section 3

An abortion may not be procured after the expiry of the eighteenth week of pregnancy without permission for the action being granted to the woman by the National Board of Health and Welfare. Such permission may only be granted if there are special reasons for the abortion.

Section 4

If, in a case referred to in Section 1, an abortion is refused, the question shall be immediately referred for adjudication by the National Board of Health and
Welfare.

Permission as aforesaid may not be granted if there is reason to suppose that the embryo is viable.

Section 5

An abortion or termination of pregnancy as referred to in Section 6 may only be performed if the woman is a Swedish citizen or domiciled in this country, or if, in another case, for special reasons, the National Board of Health and Welfare has granted the woman permission for the measure.

Only a person authorised to practise as a physician may perform an abortion or terminate pregnancy as referred to in Section 6. The measure shall be taken in a public hospital or in some other medical institution approved by the National Board of Health and Welfare.

Section 6

If it is presumable that, owing to illness or bodily defect on the part of the woman, the pregnancy entails a serious danger to her life or health, the National Board of Health and Welfare may grant permission for the pregnancy to be terminated after the expiry of the 18th week of pregnancy and regardless of how far the pregnancy has advanced.

Termination of pregnancy on account of illness or bodily defect referred to in the foregoing may be performed by a person authorised to practise medicine, without permission from the National Board of Health and Welfare and notwithstanding the provisions of Section 5, if the measure cannot be deferred without danger to the woman.

Section 7

Decisions by the National Board of Health and Welfare in matters concerning permission for abortion or the termination of pregnancy under Section 6 may not be appealed.

Section 8

Following an abortion or the termination of pregnancy as provided in Section 6, the woman shall be offered a supportive interview. The person responsible for activities at the hospital or institution where the measure has been performed shall ensure that such an offer is made.

Section 9

Any person who, without being authorised to practice as a physician, intentionally causes an abortion in another shall be fined or sentenced to not more than one year’s imprisonment for illegally procuring an abortion.

If an offence as referred to in the foregoing is to be deemed aggravated, sentence of imprisonment shall be passed for not less than six months and not more than four years. In judging whether the offence is aggravated, it shall be particularly considered whether the act was performed habitually or for profit or entailed a special danger to the life or health of the woman. Criminal liability for attempted illegal procurement of an abortion shall be imposed as provided in Chap. 23 of the Penal Code.

Section 10

A physician intentionally contravening a provision of Section 4 or, unless otherwise indicated by Section 6 (2), of Section 3 or 5 shall be fined or sentenced to not more than six months’ imprisonment.