The majority of late-term abortions follow a prenatal diagnostic finding. Thanks to improved diagnostics, the number of these abortions due to fetopathic findings has been increasing for years. The so-called medical indication in Section 218a StGB is interpreted in this way in practice today: The health of the pregnant woman seeking an abortion as well as the future mother would be unreasonably endangered by the fact that the fetus has been prenatally diagnosed as disabled or organically ill. Such “embryo/fetopathic” selection should, however, have been ruled out since 1995 with the much-vaunted “compromise version” of Section 218 StGB.
Gita Neumann, Federal Representative for Medical Ethics of the Humanist Association Germany – Federal Association, explains: “This happened at the time under pressure from disability associations with massive support from churches and the CDU. Anyone who is as serious about the protection of unborn life as propagated should no longer refuse to reform abortion for the same reason. The criminal law provisions in Section 218 et seq. of the German Criminal Code are inherently contradictory and have also been shown in the most recent debate in the Bundestag by supporters of the status quo to be no longer justifiable.”
On January 29, 2025, the Humanist Association of Germany – Federal Association discussed the question: How can abortion after the 20th/22nd week be regulated? In the first keynote speech, social scientist and journalist Kirsten Sasha Achtelik focused on society, which, despite all the talk of inclusion, still often associates disability with worry, suffering, stress and pain. Achtelik cast doubt on how self-determined the decision to terminate a pregnancy that is basically wanted can be in the event of prenatal diagnostic findings. Judith Hennemann and Dr. Marina Mohr from the Cara pregnancy and prenatal diagnostics advice center reported on their experiences in the second keynote speech: “Where, according to the law, the health of the pregnant person should be the deciding factor for an abortion, in practice we see a continuation of a eugenic/fetopathic indication in most cases.”
In the subsequent panel discussion with Dr. Rebecca Maskos, Professor of Disability Studies at the Alice Salomon University of Applied Sciences Berlin, Silke Koppermann from the Women’s Health Working Group, Dr. Marina Mohr from the Cara pregnancy and prenatal diagnostics advice center and Gita Neumann, Federal Representative for Medical Ethics of the Humanist Association of Germany – Federal Association, it became clear that further exchange is important and necessary in order to find solutions. The Humanist Association of Germany – Federal Association has initiated the social debate and thus shown that as many interests as possible can be taken into account and conducted in mutual respect and openness.
You can find a detailed report on the event here.
On November 13, 2024, the Humanist Association of Germany – Federal Association, together with the Humanist Academy of Germany, hosted the first event in the series “Revision of Section 218 of the German Criminal Code” for a public debate on “Women’s Rights and Fetal Protection!“.
Note on transparency:
This press release was updated on February 3, 2025.
