Luxemburg

 

Member Association: Mouvement Luxembourgeois pour le Planning Familial et l'Education Sexuelle (MLPFES) Tel. +352 485976 / plannlux@pt.lu


 

LEGISLATION
Law of 15 November 1978 on sexual information, illegal abortion and termination of pregnancies, amending Penal Code Act 348-353

 

GROUNDS/GESTATIONAL LIMITS

 

Up to 12 weeks

  • Risk to life of woman
  • Risk to physical health of woman
  • Risk to mental health of woman
  • Risk of fetal malformation
  • Rape or other sexual crime

 

No limit

  • Written acknowledgement of 2 doctors asserting that the life of the woman or child to be born is at risk

 

REGULATIONS/CONDITIONS

  • Consultation required with a gynaecologist or obstetrician, who is obliged to give information on health risks associated with the medical intervention
  • If the woman is a minor or unable to manifest her will, then the written consent from the woman or her legal representative is obligatory
  • Prior residency of three months required
  • The risk associated with the pregnancy needs to be certified by a doctor
  • Compulsory waiting period (at least 1 week)
  • Abortion must be performed in a hospital or other approved facility
  • Medical doctors or staff cannot be forced to perform an abortion if they object

 

None of the above conditions/regulations apply if a woman's life is at risk

 

COST

Women are reimbursed by the National Health Insurance, provided that they are insured and that the abortion is performed in Luxembourg.

 

DISPARITY IN THE APPLICATION OF THE LAW

Sometimes, the cost may be much higher than the official fee

 

COMMENTS

Abortion is still regulated under the Penal Code Act Due to its catholic roots, part of the society still rejects abortion. Despite of its legal basis, it remains a taboo. As a consequence: -Counselling before abortion is either absent or not effective (except in the FPA) -Information on abortion services is not available on a large scale. -General statistics are not available. February 2004 32 For several reasons, (conscientious objection, absence of social grounds in the law, written consent of parents for minors) many women still do travel to the Netherlands or Belgium. According to the law, abortion can be performed by general practitioners but the regulations for “mifegyne”, available since 2001, allows the use of medical abortion only in hospitals and clinics with a gynaecologist prescription. The Luxembourg FPA cannot perform it.