This is the current Spanish Law: Partial decriminalisation law BOLETÍN OFICIAL DEL ESTADO Published in the "Boletín Oficial del Estado" (Official Newspaper), No. 166, 12 July 1985. 1713. Organic law 9/1985, 5 July 1985. ABORTION. This Law amends Section 417-bis of the Penal Code: partial decriminalisation.

Unique Article.

Article 417-bis of the Penal Code (R.1973,2255 and N. Dicc. 238), to read as follows:

1. An abortion performed by or under the direction of a physician in a duly approved public or private health centre or establishment shall not be punishable when the pregnant woman gives her express consent and one of the following conditions is fulfilled:

1st .- The abortion is necessary to avert a serious risk to the physical or mental health of the pregnant woman, in accordance with an opinion expressed before the abortion by a physician, holding an appropriate specialist qualification, who shall not be the physician by whom, or under whose direction, the abortion is performed.
In emergencies involving a risk to the life of the pregnant women, the opinion and consent may be dispensed with;

2nd .- the pregnancy is the consequence of an act constituting the crime of rape under Section 429, provided that the abortion is performed within the first 12 weeks of pregnancy and that the rape has been reported to the police;

3rd .- it must be presumed that the foetus, if borne to term, would suffer from severe physical or mental abnormalities, always provided that the abortion is performed within the first 22 weeks of pregnancy and that the medical opinion, expressed before the abortion, is pronounced by two specialists of a duly approved public or private centre or establishment, neither of whom may be the physician by or under whose direction the abortion is performed.

2. In the cases referred to in the foregoing subsection, the conduct of the pregnant women shall not be punishable even though the abortion is not performed in a duly approved public or private health centre or establishment or the prescribed medical opinions have not been pronounced.


Normativa que desarrolla la anterior ley:
Royal Decree No. 2409/1986, 21 November 1986 (Ministry of Health and Consumption). Published in the "Boletín Oficial del Estado" (Official Newspaper) No 281, 24 November 1986.

This Decree repeals the Order of 31 July 1985 on the practice of abortion in health centres and establishments and sets forth new provisions on accredited health centres and compulsory opinions for the legal performance of voluntary termination of pregnancy.