Poland’s abortion reforms would leave it among the EU’s most restrictive, even if signed into law

The Sejm approved two amendments that would modestly loosen Poland’s abortion rules. One would protect doctors, nurses and midwives from criminal liability when abortion follows a medically necessary procedure protecting a pregnant woman’s health or life. The other would restore abortion access for severe and irreversible foetal abnormalities or an incurable condition threatening the foetus’s life.

These changes matter because Poland’s current law permits abortion only when pregnancy threatens a woman’s health or life, or results from rape or incest. The bills would reverse part of the 2020 restrictions, but they would not create a general right to abortion early in pregnancy.

Tusk’s Civic Coalition had promised abortion on request up to 12 weeks. That promise is absent from these bills. Even if enacted, Poland would remain one of only two EU countries, alongside Malta, where abortion on request in early pregnancy is not legal. Many women would still need to travel for care.

Abortion on request means access is based on the pregnant woman’s decision, rather than on a doctor proving that a listed exception applies. In the article’s European comparison, it refers to abortion being legally available during early pregnancy without requiring a medical danger, foetal condition or criminal act.

A restricted system works differently. Poland allows abortion when pregnancy threatens a woman’s health or life, or when it results from a criminal act, including rape or incest. The proposed bills would add or restore particular protections, but would not establish abortion on request up to 12 weeks.

That distinction affects most people seeking care. Under an on-request model, early abortion is generally a legal service based on consent. Under Poland’s exception-based model, access depends on fitting a narrow legal category. Leah Hoctor said care would remain illegal for most women needing it, forcing some to travel.

According to the article, two EU countries do not legally allow abortion on request in early pregnancy: Poland and Malta. The figure describes the legal position, not the number of women affected or the number of abortions performed.

Poland’s proposed reforms would not change that overall classification. They would restore access in cases involving severe and irreversible foetal abnormalities and reduce some criminal exposure for medical staff. Neither bill would create a general right to abortion on request during the first 12 weeks.

The comparison shows why the vote is both significant and limited. Leah Hoctor called it an incremental step because it created movement after years of restriction. Yet she also said the bills are narrow, meaning most women who need abortion care would still face illegal access in Poland and might have to travel abroad.

The first bill would exempt doctors, nurses and midwives from criminal liability when an abortion results from a medically necessary procedure intended to protect a pregnant woman’s health or life. This addresses the current risk that people helping provide abortion care can face prison.

The second bill would again permit abortion when the foetus has severe and irreversible abnormalities or an incurable condition threatening its life. It would overturn the practical effect of the Constitutional Tribunal’s 2020 ruling, which declared abortion on severe and irreversible foetal abnormality grounds unconstitutional.

For patients, the change would reopen one specific route to legal care. It would not create broad access to abortion early in pregnancy. The article says most women needing abortion care would still face illegal access, while women outside these categories could still be forced to travel. The bills’ legal impact therefore remains substantial but narrow.

The bills face a constitutional and political obstacle after the Sejm vote. They must still pass Poland’s Senate and then reach President Karol Nawrocki. The article says Nawrocki has previously opposed legislation easing abortion restrictions, making a veto likely.

The governing coalition cannot easily overcome that veto. An override would require a three-fifths majority in the Sejm, but Prime Minister Donald Tusk’s coalition does not hold that threshold. The president is aligned with the opposition Law and Justice party, which oversaw tighter abortion restrictions five years ago.

The votes therefore represent movement, not guaranteed legal change. One bill passed with 217 votes in favour and 213 against; the other passed 233 to 203. A similar attempt failed in July 2024. Even successful enactment would deliver only a partial reform, not the coalition’s promised abortion access up to 12 weeks.

In 2020, Poland’s Constitutional Tribunal ruled that abortion based on severe and irreversible foetal abnormalities was unconstitutional. That decision removed one of the previously available legal grounds and contributed to the country’s near-total abortion ban.

The new bill would again permit abortion when severe and irreversible foetal abnormalities are present, or when an incurable condition threatens the foetus’s life. Its mechanism is legislative: it would change the law so that the ground rejected by the tribunal’s ruling becomes available again.

This would restore an important but limited route to care. It would not permit abortion for any reason during early pregnancy, and it would not fulfil the election promise of abortion on request up to 12 weeks. The article describes the change as an incremental step, while noting that most women needing abortion care would still face illegal access.

Restricting legal grounds means a woman may need an abortion even when her situation does not fit one of the permitted exceptions. If local services cannot lawfully provide care, travelling abroad may become the practical way to obtain it. The article says women would still be forced to travel under the proposed reforms.

Some may instead seek care outside the formal health system. That can involve people who assist or encourage an abortion, groups helping patients, or providers operating under legal uncertainty. Under current Polish law, someone who helps or encourages an abortion can face up to three years in prison. A person terminating a pregnancy with consent can face the same maximum penalty.

The proposed bills reduce some risks for medical staff and restore one foetal-abnormality ground. They do not remove the broader restrictions. As Leah Hoctor said, care would remain illegal for most women needing it, keeping travel and legal exposure as possible consequences.