Information
The information provided here is intended to support anyone who may wish to or is considering terminating a pregnancy whilst residing in Berlin. We wish to stress that throughout the entire process of obtaining an abortion, all the decisions are up to the pregnant person and nobody else. This is the law and applies at all stages of the abortion process.
Whilst researching this article, we discovered an excellent and very comprehensive information booklet created by pro famila (German Institution for Family Planning, Sexual Education and Sexual Advice). The booklet is in English and you can find it here: https://www.profamilia.de/fileadmin/publikationen/Reihe_Koerper_und_Sexualtitaet/Schwangerschaftsabbruch_englisch_2010.pdf
General Information
While still illegal in Germany, abortion is possible without punishment in certain circumstances:
- Up to 12 weeks after fertilisation, and in line with the requirement to participate in a counselling session (abortion following counselling)
- When the physical or psychological health of the pregnant person is greatly endangered by the pregnancy or by continuing the pregnancy (abortion on medical grounds)
- When it is highly like that the pregnancy has occurred as a result of a crime e.g. rape (abortion following a crime)
There are two types of abortion available to those who wish to terminate a pregnancy: surgical abortion and abortion by means of medication with mifepristone.
Timelines
If you are obtaining an abortion through participating in counselling, you can have an abortion up to 12 weeks after fertilisation. You must wait three full calendar days after receiving your counselling certificate. So, for instance, if you have counselling on a Monday, you cannot have an abortion before the following Friday.
If you are having an abortion on medical grounds there is no mandatory counselling, and there is no time limit involved.
If you are having an abortion following a crime, you are not required to participate in counselling and you can have an abortion up to 12 weeks after fertilisation.
Counselling
If you decide you want to have an abortion following counselling, you will need to attend a counselling session provided by a state recognised provider. This is called “Schwangerschaftskonfliktberatung” and you can use your search engine to find places near you or search here:
(select “Schwangerschaftskonfliktberatung” in the “Beratungsart” drop down section. You can also enter your postcode (Postleitzahl) or borough (Bezirk) to refine your search. You can also find a doctor who is able to provide this counselling service by searching here:
The counselling session is intended to allow you to discuss the reasons you may have for terminating the pregnancy. The legal mandate of the counselling is to motivate you to continue the pregnancy, however you will not be pressed to justify your decision or reasons, or to change your decision if you have already made one. If you want, you can have someone come into the session with you, but nobody else (e.g. the other person involved in the pregnancy or a parent) is allowed to be there without your consent. You are also entitled to remain anonymous in the session, and do not have to give your name to the counsellor.
Once you have completed a counselling session, you will be issued with a certificate saying you participated in the mandatory counselling, and the date and your name. The certificate will not contain any details of what was discussed in the counselling, and you can have it provided by another person at the centre (i.e. not the person who counselled you), if you choose to remain anonymous. Sometimes the counsellor may suggest that you continue the discussion, but they will not delay giving you the certificate if it would make it impossible to make the 12 week deadline for an abortion following counselling.
All counselling is free of charge, and you can have as many counselling sessions as you wish.
Having the Abortion
Once you have received your counselling certificate, you can decide where you are going to have the abortion procedure. The vast majority are performed as outpatient procedures, but some hospitals, if you decide to have the procedure at a hospital, may admit you overnight.
Abortion providers are not permitted to ‘advertise’ that they provide this service, but you can get details of providers in your area from the institution providing your counselling certificate. If your counselling certificate was provided by a doctor, the same doctor cannot perform the abortion. You can choose which method of abortion (medical or surgical), you wish to have, and we suggest you research these fully.
Costs
The costs of the abortion will depend on the grounds on which you are seeking an abortion, your insurance situation, and your income. There is financial assistance available for people on low incomes. You can find a really comprehensive guide to abortion costs on page 10 of the pro familia information booklet here: https://www.profamilia.de/fileadmin/publikationen/Reihe_Koerper_und_Sexualtitaet/Schwangerschaftsabbruch_englisch_2010.pdf
Aftercare
There seems to be relatively little aftercare available in Berlin though some pro familia centers offer counselling and group counselling. If you are an abortion aftercare provider based in Berlin, and are reading this, please get in touch so we can update this information!
Abortion with Indication
The above information is mainly concerned with obtaining an abortion following counselling. If you are seeking an abortion for medical reasons or following a crime (e.g. rape), the process is slightly different. You do not have to get a counselling certificate but you will need an indication (Indikation) from a doctor confirming the need for an abortion on medical or criminal grounds. Again, the pro familia information booklet has lots of information on this, starting from page 25: https://www.profamilia.de/fileadmin/publikationen/Reihe_Koerper_und_Sexualtitaet/Schwangerschaftsabbruch_englisch_2010.pdf
If you are under 18
If you are under 18, you either need to have a parent's consent to have an abortion following counselling or prove that you are of sound mind, something that apparently is usually straightforward for people over 16. If you are under 14, a criminal indication is always given, but a police report or other legal action does not need to happen for the abortion to be obtained.
Non German Nationals
The laws concerning abortion apply to Germans and non Germans alike, regardless of the law in your country of origin.