Sweden's Abortion Law: Understanding The Legal Framework

Abortion law in Sweden is governed by the Abortion Act of 1974, which gives women the right to decide whether to terminate a pregnancy in the first 18 weeks. After this point, a woman needs permission from the National Board of Health and Welfare to have an abortion, and this is usually only granted in cases where the mother or foetus are unhealthy. The topic is not particularly controversial in Sweden, with the majority of the population supporting the law and abortion rights.

Abortion law in Sweden: History

Abortion law in Sweden has a long and complex history. The country has one of the most liberal abortion laws in the world, and the topic is not highly controversial in Swedish society. The current legislation, the Abortion Act of 1974, states that until the end of the 18th week of pregnancy, the choice to have an abortion is entirely up to the woman and does not require her to provide any reasons. After the 18th week, a woman needs permission from the National Board of Health and Welfare to terminate her pregnancy, and such permission is usually granted only if there are health risks for the mother or fetus.

The history of abortion law in Sweden dates back to the 18th century. The Civil Code of 1734 formally introduced the death penalty for abortion, although there are no confirmed cases of this sentence being carried out. Instead, the focus was primarily on infanticide, and court cases involving abortion were rare. In 1864, the death penalty for abortion was abolished and replaced with penal labour for both the patient and the abortion provider. During the second half of the 19th century, abortion court cases became more common, and the issue entered public debate. A reform in 1921 replaced the penal labour punishment with fines or a shorter prison term for the patient, while abortion providers still faced the original penalty.

The first law on legal abortions in Sweden was passed in 1938, legalising abortion on a very limited scale and only under serious medical, eugenic, or humanitarian grounds, such as rape. The law was later augmented in 1946 to include socio-medical grounds, and again in 1963 to cover the risk of serious fetal damage. However, a prolonged evaluation process often delayed abortions until the middle of the second trimester. As a result, a new law was enacted in 1974, shifting the decision-making power to the woman herself until the 18th week of pregnancy. This law, which remains in effect today, affirms the legal right of individuals to decide on termination, without age limits or the need to provide reasons.

Abortion law in Sweden: Current legislation

The current abortion law in Sweden is the Abortion Act of 1974 (SFS 1974:595), which came into force in 1975. This law gives women the right to decide whether to terminate their pregnancy in the first 18 weeks, without needing to explain their reasons. After the 18th week, a woman needs permission from the National Board of Health and Welfare (Socialstyrelsen) to have an abortion. Permission is usually granted in cases where the mother or foetus is unhealthy, but abortions are not allowed after the 22nd week if the foetus is viable.

The Act states that:

• A woman can choose to have an abortion before the end of the 18th week of pregnancy for any reason.
• After the 18th week, a woman must get permission from the National Board of Health and Welfare, which will only be granted in exceptional circumstances, such as if the mother's health is at risk.
• Abortions after the 18th week are not allowed if the foetus is viable, which generally means abortions after the 22nd week are not permitted. However, in rare cases, abortions after the 22nd week may be allowed if the foetus cannot survive outside the womb, even if it is carried to term.
• Only authorised medical practitioners can perform abortions.
• The procedure must be carried out at a general hospital or a medical institution approved by the National Board of Health and Welfare.
• Counselling must be offered to women before and after the procedure.
• Anyone who performs an abortion without being authorised to practise medicine can face fines or imprisonment.

The abortion law in Sweden is one of the most liberal in the world, and the topic is not highly controversial in Swedish society. The current legislation gives the woman the right to decide on termination, and there is no age limit for terminating a pregnancy. The procedure costs between 350 and 700 SEK, and it is recommended to book an appointment as soon as possible as there can be long waiting times.

Abortion law in Sweden: Public opinion

Abortion law in Sweden is largely settled, and the question of its legality is not a highly controversial political issue. The Abortion Act of 1974 states that the choice of an abortion is entirely up to the woman until the end of the 18th week of pregnancy. After this, a woman needs permission from the National Board of Health and Welfare to have an abortion, which is usually granted in cases where the mother or fetus are unhealthy.

Sweden has one of the most liberal abortion laws in the world, and the majority of the Swedish population supports the law and policies surrounding it. A 2024 report by the Pew Research Center revealed that 95% of Swedish adults believed that abortion should be legal in all or most cases.

However, there are still political debates surrounding the cut-off period for abortion and other abortion rights. Right-wing conservative parties like the Christian Democrats and Swedish Democrats have previously promoted a stricter ban on late abortions, but no longer do so. The Swedish Association for Sexuality Education has stated that many political arguments stem from misinformation and a lack of knowledge.

There are also religious organizations with anti-abortion stances in Sweden. The Catholic Church, for example, believes that human life is created at the point of conception and that abortion should not be permitted unless both the mother and child are in danger. A Catholic movement, Respekt, aims to promote human life from conception to death and is against abortions and euthanasia.

A cross-sectional survey from 2018-2019 among recent migrants attending high schools or Swedish language schools found that 74% of respondents answered incorrectly when asked whether it is legal to have an induced abortion in Sweden. The survey also found that incorrect knowledge of the Swedish abortion law was associated with being religious, not having previous sexual health education, coming from a country with predominantly restrictive abortion laws, having a low level of education, and having a temporary residence permit.

Abortion law in Sweden: Religious views

Sweden's abortion law is one of the most liberal in the world, with abortion being legal in all circumstances within the first 18 weeks of pregnancy. After this point, abortions are only permissible to save the life or physical health of the mother, or if approval is granted by the National Board of Health and Welfare.

While abortion is not a politically controversial issue in Sweden, some religious organisations have anti-abortion stances. These include the Catholic Church, which believes that human life is created at the point of conception and that abortion should not be permitted unless both mother and child are in danger. A Catholic movement, Respekt, promotes human life from conception to death and stands against abortion and euthanasia.

In 2014, a controversial lawsuit was launched by midwife Ellinor Grimmark against the health authorities in the Jönköping region. They had refused to provide her with a job as she would not carry out abortions or prescribe contraceptives due to her religious beliefs. The case was tried by the discrimination ombudsman and a district court in Sweden, both of which ruled against her. The Swedish Labor court also ruled against her, and in 2020, she lost her case against the Swedish state at the European Court of Human Rights. In October 2021, the case was permanently closed when her motion for appeal was denied.

A study by Jonna Arousell, Birgitta Essén, Aje Carlbom and Sara Johnsdotter, published in the journal 'Sexuality & Culture' in 2019, explored the views of religious counsellors affiliated with Swedish hospitals. The study found that religious counsellors did not always give abortion advice that complied with Swedish abortion law and women-friendly abortion policies. While some counsellors argued that only God could decide whether a woman could terminate a pregnancy, others took a more liberal stance.

The study also highlighted the tension between the promotion of religious ideas on abortion and the promotion of liberal ideas about women's reproductive freedom. This tension, known as the 'diversity-equality paradox', presents a challenge for policy-makers in Swedish healthcare.

Abortion law in Sweden: Impact on society

Sweden's Abortion Act, which came into force in 1974, gives women the right to decide for themselves whether to terminate a pregnancy within the first 18 weeks. This law has made abortion procedures more effective, safe, accepted, and accessible. The country's abortion law trusts women to be the best judge when it comes to decisions about their bodies and lives, and they are not required to explain themselves. The number of abortions in Sweden has remained stable, with a slight increase in early abortions, which are carried out within the first nine weeks of pregnancy.

The abortion law in Sweden has had a significant impact on society. Firstly, it has ensured that women have access to safe and legal abortions, reducing the risk of complications and mortality rates associated with unsafe abortion methods. According to the World Health Organization (WHO), unsafe abortions are one of the major causes of death among women globally. The law also emphasises the importance of individual autonomy and reproductive rights. Women in Sweden have the legal right to make their own decisions regarding their bodies and pregnancies, without interference from the state or other individuals. This recognition of women's agency and self-determination is a significant step towards gender equality and empowerment.

Additionally, the law has contributed to a more open and progressive societal attitude towards abortion. While abortion can be an emotionally charged topic, the law has helped to normalise it as a common medical procedure. As a result, abortion is largely a settled issue in Sweden, and the question of its legality is not a highly controversial political topic. This stability is reflected in the fact that the number of abortions statistically follows the number of pregnancies, indicating that abortion is primarily used as a method of birth control rather than as a means of reducing the number of pregnancies.

The abortion law in Sweden has also influenced the availability and accessibility of abortion services. Abortions are always performed in hospitals or gynaecological clinics, ensuring a certain level of safety and medical expertise. The cost of the procedure is relatively low, ranging from 350 to 700 SEK for most individuals. However, young people under 18 years of age typically do not have to pay for abortions, further enhancing accessibility.

Furthermore, the law has had an impact on the role of healthcare professionals. Medical practitioners are bound by confidentiality regarding their patients' abortions and are required to offer support and assistance before, during, and after the procedure. Counselling is also offered to help individuals make informed decisions and cope with any emotional or psychological consequences. However, there have been debates about the lack of a quality register for abortion procedures, which would allow for the monitoring of complications and side effects.

While the abortion law in Sweden has had a largely positive impact on society, there are still some areas of contention. Religious and anti-abortion organisations, such as Människorätt för ofödda (MRO) and Ja till livet, continue to advocate for more restrictive abortion laws, promoting the right to life for the unborn. Additionally, there have been legal cases, such as that of midwife Ellinor Grimmark, who was denied a job due to her refusal to perform abortions or prescribe contraceptives based on her religious beliefs.

Frequently asked questions