On August 23, 2024, the Norwegian government submitted a proposal (Prop. 117L 2023-24) to Parliament presenting amendments to the Abortion Act, including extending the limit on abortions upon request from 12 weeks to 18. On October 8, 2024, the Parliament heard public comments as part of public consultations (høring) on the proposal.
The proposal would align Norway’s time limits with those of neighboring countries. In May 2024, a political agreement was reached in Denmark to extend the right to abortion on request to 18 weeks from the current 12 weeks. In Sweden, abortion on request has long been available until week 18. (1 § Swedish Abortion Act (Abortlagen (SFS 1974:595).)
Background
Abortions are made available through Norway’s national insurance program and are free for women residing in Norway, and for those outside Norway if they have membership in the Norwegian national insurance scheme or if they are covered by a reciprocal agreement with another country.
The Abortion Act provides that society must provide sexual education, family planning services, and other measures to minimize the incidence of abortions. (1 § Abortion Act.) The Norwegian government’s measures to reduce the number of unwanted pregnancies include providing “information about the body [and] sexuality, easy access to contraception, non-prescription emergency contraception, and the right for public health nurses and midwives to prescribe hormonal contraception to teenagers.”
Government statistics indicate that in 2023, a total of 12,814 abortions were carried out in Norway, of which 83.7 percent were conducted before week nine and 95.7 percent were conducted at the request of the pregnant woman. Typically, abortions carried out prior to week 10 are performed as “home abortions” (heimabort) where the woman ingests medicine to cause the abortion.
Under the current version of the Abortion Act, a pregnancy may be terminated at the request of the pregnant woman up to the 12th week of gestation. (2 § 2 para.) After week 12, a pregnancy can only be terminated following consultation with the woman by a review board made up of two doctors. (7 §.)
If the review board decides not to approve the abortion, it must inform the woman that the decision will be reviewed by a central appeals board unless she withdraws the request. The central abortion review board is made up five members, at least two of whom must be physicians and one who is a lawyer. (8 §.)
Reduction abortions, meaning abortions of one or more fetuses in a multiple pregnancy, may be performed following the review of the abortion review board, whose decision is appealable to the central abortion review board. (2a, 7, 8 §§.) Prior to 2019, reduction abortions were carried out upon request without the decision of an abortion review board, similar to other abortions, up to week 12.
Abortions are prohibited after 22 weeks, at which time the fetus is presumed to be viable, although if the fetus is nonviable, or there is “an imminent threat to the woman’s life or health” (10 §), abortion is permitted.
Norway keeps an Abortion Registry over performed abortions and all abortions must be overseen by a doctor. (3 §.) The law provides that consideration must be given to health personnel who, for reasons of conscience, do not wish to assist with abortions. (14 §.)
A government study (p. 97) states that the percentage of requests for abortions after the 12th week that were approved have increased since free abortion was introduced in 1978. Around 74% of applications for abortion after week 12 were approved in 1979, whereas during the last 10 years, 95% of requests for abortion after week 12 have been granted.
Proposed Amendments
Under the proposed amendments, pregnant women would have the right to a self-determined abortion up until the 18th week of pregnancy. After the 18th week, permission from an abortion review board would be necessary. The board would be required to grant permission if (a) the pregnancy, birth, or care of the child entails a risk to the pregnant woman’s physical or mental health; (b) the pregnancy is a result of rape, incest or other sexual offenses; (c) the fetus likely has a serious condition or will die during the pregnancy or shortly after birth; or (d) medical conditions of the fetus or of the pregnant woman, the pregnant woman’s life situation, or a combination of these make the pregnancy, birth, the child’s upbringing, or future care of the child particularly demanding. The board would be required to “give considerable weight to the pregnant woman’s perception of the situation.” After the 22nd week of pregnancy, an abortion could be performed only if the fetus will die during the pregnancy or shortly after birth (3 § Proposed Abortion Act), and in case a pregnancy leads to acute and severe danger to the pregnant woman’s life or health, it can be interrupted at any point. (5 §.)
The proposed law would provide that aborting one or more fetuses in a multiple pregnancy may also be performed at request up until week 18. (4 §.) After the end of the 18th week of pregnancy, fetal reduction would require permission from an abortion board, for reasons like those listed for abortion after 18 weeks.
The proposed law would revise the organizational requirements and procedures of the abortion review boards. (10-13 §§.) Automatic review of denials of abortion requests would continue to be heard before the abortion appeals board. (18-21 §§.)
Health personnel would retain a right to refuse to perform or assist with abortions under a violation of conscience clause. (24 §.)
Legislative Procedure
Before the government bill is voted on in Parliament, it will be reviewed by the Standing Committee on Health and Care Services, which may call experts, decide whether to recommend the adoption of the bill, or present an amended version to Parliament. A preliminary date for the first reading of the bill in Parliament is set for December 3, 2024.
Elin Hofverberg, Law Library of Congress
October 16, 2024
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