Abortion rights in Italy: understanding the legislation and procedures

The Right to Abortion in Italy

The right to abortion is one of the most debated topics of all time and is currently the subject of quite heated controversies.
There are those who argue that it is not effectively implemented and that it should be expanded in favor of women’s self-determination, while others believe that it should be downsized or even limited to exceptional cases for the respect of life.
The ethical issue is extremely complex, but from a legal point of view, we can find rather clear information.

The Voluntary Termination of Pregnancy, also known as abortion, is regulated by the famous law 194/1978.
It has existed for less than 50 years, had problematic outcomes even before its establishment, and continues to have them.
In recent days, in particular, there has been discussion about the inclusion of the right to voluntary termination of pregnancy in the Charter of Fundamental Rights of the European Union.
Some rumors have suggested that it has disappeared from the G7 drafts with the complicity of the Italian government, which has however denied it.
But let’s see what the Italian law on abortion actually provides.

The Right to Abortion in Italy

Law 194/1978 establishes that it is possible to voluntarily terminate a pregnancy within the 90th day from conception.
The temporal limit is not the only condition; voluntary abortion must be motivated by the potential consequences of continuing the pregnancy.
It can be consequences on the woman’s physical or mental health, economic or social difficulties, but also fears about possible severe issues with the conceived child (significant abnormalities or malformations).

Who Decides

Within 90 days and with appropriate reasons, a pregnant woman can freely choose to have an abortion.
This right cannot be denied to her, and no one else has the power to decide on her behalf, not even the future father.
The latter has the right to be involved by the hospital structure, also to offer alternative solutions and support, but the woman can exclude him from the actual decision.

The delicate position in which men find themselves in this situation has already been widely discussed in jurisprudence, but this is what the law provides.

Can Minors Have Abortions?

Minors can have abortions under the conditions seen above, but they must have the consent of their parents or legal guardian.
However, those exercising parental authority must consider the minor’s will and interests.
Otherwise, the girl can turn to the guardian judge, who must respond within 5 days of receiving the file from the Family Planning Center, which is in turn required to send the report within 7 days of the request.

How Much Does an Abortion Cost?

Voluntary termination of pregnancy is free when performed through the National Health Service.
Medications and analyses (including blood tests) may be subject to payment, unless there is an income exemption.
Those who turn to a private clinic will have to bear the costs indicated in the quote, such as consultations, procedures, and hospital stay.

As there are different methods (depending on the gestation week), the cost varies widely, on average from a minimum of 400 to a maximum of about 2,000 euros, but these are purely indicative costs.

Voluntary Abortion After 90 Days

Voluntary termination of pregnancy as illustrated above is allowed within the 90th day from conception, a conventional term based on when the placenta should finish its formation.
From a purely scientific point of view, this term is not as significant as one might think, but in fact, the drafting of this law has been strongly influenced by philosophical and religious assumptions.

In any case, it is not possible to decide to have an abortion beyond this term unless it is a necessary therapeutic abortion to avoid a serious danger to the life or physical and mental health of the pregnant woman due to confirmed severe conditions of the unborn child.
However, one cannot be forced to terminate the pregnancy.
Naturally, abortion can be performed urgently (in this case, even on a minor and without consent) in case of an urgent life-threatening situation.