Abortion in San Marino

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Abortion in San Marino is allowed under specific conditions. Up to 12 weeks of pregnancy, a woman can have an abortion for any reason. After 12 weeks, it is allowed up to fetal viability if continuing the pregnancy would endanger the woman’s life, if the fetus has a health-threatening anomaly, or if the pregnancy resulted from rape or incest. If there is a risk to the woman’s life after viability, the pregnancy may be ended by attempting a live birth.

History in brief:
- Before 2022, abortion was punishable under Articles 153 and 154 of the Penal Code for the woman, anyone helping her, and the person performing it. Abortion to save the woman’s life was generally allowed as a necessity, but the law did not spell out exceptions.
- A 1974 proposal to liberalize the law was postponed for further debate.
- After Italy legalized abortion in 1978, San Marino women could seek abortion by crossing the border.
- In September 2021, a referendum showed 77.3% in favor of allowing voluntary termination up to 12 weeks, and afterward if the pregnancy posed a risk to the woman’s life or health or resulted from rape or incest. The referendum did not automatically legalize abortion; Parliament needed to change the law.
- On 31 August 2022, Parliament approved the new law (32 votes for, 7 against, 10 abstentions). It was published on 7 September 2022 and took effect on 12 September 2022.