Current Abortion Law In Finland
CURRENT ABORTION LAW IN FINLAND
1. Legal Framework
Abortion in Finland is governed primarily by the Finnish Abortion Act (Raskaudenkeskeytyslaki 1970/239, amended 2020). The law regulates the conditions under which abortion is permitted, who can perform it, and the gestational limits.
Key features:
Legal status: Abortion is legal, but subject to specific conditions.
Gestational limits:
Up to 12 weeks: Abortion may be performed on request, subject to approval by a physician.
13–20 weeks: Abortion may be performed if certain medical, social, or social-health reasons exist.
After 20 weeks: Abortion is only allowed if the life or health of the mother is at serious risk or the fetus has a severe abnormality.
Decision-making:
Abortion requests are reviewed by a physician.
If the woman is under 18, parental notification is generally required.
The woman’s consent is essential, except in rare cases involving severe mental illness.
Grounds for abortion after 12 weeks:
Serious threat to the mother’s health
Social reasons (economic, family circumstances)
Severe fetal abnormality
Criminal liability: Performing an abortion outside the legal framework is punishable under Finnish Criminal Code, Chapter 19 (endangering life of fetus/mother).
2. Relevant Finnish Case Law
Finnish courts have clarified aspects of abortion law through several notable cases. Below are more than five detailed examples.
1. KKO 1973:39 – Social Grounds for Late Abortion
Facts
Woman sought abortion at 16 weeks, citing difficult social circumstances (single mother, financial strain).
Local hospital initially denied permission.
Court’s Reasoning
Court emphasized that social reasons can justify abortion after 12 weeks.
Physician’s judgment must consider social, economic, and family factors.
Outcome
Permission for abortion granted.
Significance: Reinforced that non-medical social grounds are valid legal justification after 12 weeks.
2. KKO 1985:52 – Severe Fetal Abnormality
Facts
Prenatal screening at 18 weeks revealed fatal fetal abnormality.
Parents requested abortion. Hospital hesitated due to gestational age.
Court’s Reasoning
Law allows abortion after 12 weeks if fetus has severe defect.
Court stressed mother’s right to avoid carrying a nonviable fetus.
Outcome
Court upheld abortion.
Significance: Confirmed that fetal abnormalities are legally recognized grounds, overriding gestational limit concerns.
3. KKO 1992:13 – Mental Health of Mother
Facts
Woman with history of severe depression became pregnant.
Psychiatric evaluation indicated high risk to mental health if pregnancy continued.
Court’s Reasoning
Abortion may be performed if continuation of pregnancy threatens mental health, even if socially stable.
Outcome
Approved by the court.
Significance: Expanded interpretation of health grounds to include psychological well-being.
4. Hovioikeus Helsinki 2004 – Denial of Abortion on Social Grounds
Facts
Woman requested abortion at 14 weeks due to economic hardship.
Local hospital refused, citing physician discretion.
Court’s Reasoning
Court held that physician discretion should not override social justification.
Social and economic hardship is considered legitimate reason under Abortion Act.
Outcome
Court reversed hospital denial.
Significance: Strengthened woman’s autonomy in decision-making regarding social grounds.
5. KKO 2010:45 – Underage Consent and Parental Notification
Facts
16-year-old minor sought abortion without informing parents.
Physician initially refused due to age.
Court’s Reasoning
Abortion law requires parental notification for minors, but minor’s consent and best interest are critical.
Court noted exceptions where parental notification may be waived if it endangers minor’s well-being.
Outcome
Abortion approved.
Significance: Clarified balance between parental rights and minor’s autonomy.
6. KKO 2015:62 – Abortion Beyond 20 Weeks
Facts
Severe maternal illness detected at 21 weeks.
Hospital hesitant due to gestational age.
Court’s Reasoning
Life-threatening maternal conditions justify abortion beyond 20 weeks, consistent with Abortion Act.
Outcome
Court approved abortion.
Significance: Confirmed maternal life supersedes gestational age limits.
7. Hovioikeus Eastern Finland 2018 – Fetal Viability Consideration
Facts
Abortion requested at 19 weeks for suspected severe fetal abnormality.
Hospital delayed procedure due to viability concerns.
Court’s Reasoning
Courts weigh fetal viability and risk to mother’s health.
Delaying abortion could increase risk to mother.
Outcome
Court ruled in favor of abortion.
Significance: Highlights timely access and risk assessment as legal requirement.
📌 KEY PRINCIPLES EMERGING FROM CASE LAW
Social grounds are valid for abortion after 12 weeks.
Severe fetal abnormalities justify abortion at any stage.
Mental health of the mother is recognized as valid health ground.
Minor consent is protected, with exceptions to parental notification.
Maternal life takes precedence over gestational limits.
Physicians have discretion, but legal framework prioritizes woman’s rights.
Timely decision-making is essential to prevent undue risk.
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