The “Fristenlösung” – The Law

In Austria, abortion is regulated under the so-called “Fristenlösung”, outlined in §97 of the Austrian Penal Code (StGB). It’s worth noting that for years, advocates have been calling for the removal of the time-limit solution from the penal code.

Under §97 StGB, abortion is criminalized in Austria. However, paragraph 1 specifies that the act is not punishable under certain conditions:

if the abortion is performed within the first three months of pregnancy following prior medical consultation with a physician; or if the abortion is necessary to avert an unavoidable serious threat to the life or serious harm to the physical or mental health of the pregnant person, or if there is a serious risk that the child would suffer severe physical or mental impairment, or if the pregnant person was underage at the time of conception, and in all of these cases, the abortion must be carried out by a physician; or if the abortion is performed to save the pregnant person from immediate, unavoidable life-threatening danger under circumstances in which timely medical assistance is unavailable.

Astute readers may notice that

• neither the exact end date of the third month
• nor the specifics of the required consultation are defined.

 

The Third Month

Pregnancy is officially counted from the completion of implantation, meaning 15 weeks after the first day of the last menstrual period. However, it is common in Austria for abortions to be carried out up to the 14th week.

In other countries, such as the Netherlands, abortions are performed in clinics up to the 22nd week.

 

Consultation

Personally, I consider the Austrian regulation much better than the German one. Why should women be required to undergo counseling when they know precisely what they want, even if they explicitly reject counseling? Thus, counseling is not a mandatory step as it is in Germany, where abortion is illegal without prior consultation. There is also no legal requirement that the counseling be conducted by a doctor other than the one who performs the abortion, nor is there a mandatory waiting period between counseling and the procedure, such as three days in Germany or seven days in France.

Counseling, when desired or necessary, is of course available! The Austrian regulation allows counseling and support to be tailored exclusively to the individual needs of the women concerned.

 

The Costs

In Austria, the costs for an abortion (and for contraceptives) are not covered by health insurance. Prices are not subject to regulation.