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Legal Framework for Abortion in Italy

Italian law on the termination of pregnancy is set out principally in Law No. 194/1978 (Legge 194), which was enacted to balance a woman’s right to health and self‑determination with the protection of the unborn. The Constitution (Art. 32) guarantees the right to health, and the Constitutional Court has repeatedly confirmed that this includes the right to a safe, legal abortion under the circumstances defined by the law.

When an Abortion Is Permitted

Under Law 194, a woman may request a voluntary termination of pregnancy if any of the following conditions are satisfied:

1. Health risk to the woman – physical or mental health is endangered by the continuation of the pregnancy.
2. Severe fetal abnormalities – the fetus has malformations that would make life impossible or would cause serious suffering after birth.
3. Pregnancy resulting from a crime – the conception occurred through rape, incest, or other illegal acts.

These grounds apply regardless of the woman’s age or marital status.

Time Limits

The law distinguishes two periods:

Period	Maximum weeks of gestation	Additional requirements
Early termination	Up to 12 weeks	The woman’s request must be confirmed by a medical‑ethical committee (usually two physicians, one of whom is a specialist in the relevant field).
Later termination	12 to 22 weeks	Allowed only when serious fetal anomalies or a health‑risk condition is present, and the committee must certify the necessity. No abortions are permitted after 22 weeks except when the woman’s life is in immediate danger.

The seven‑day waiting period introduced by the law requires that the woman receive counseling and then wait at least seven days before the procedure can be performed.

Procedure and Access

• Counseling – A qualified health professional provides information about the medical, psychological, and social aspects of abortion, as required by Art. 4 of Law 194.
• Medical‑ethical committee – The committee reviews the request and issues a written opinion. Their decision is binding; however, the woman may still proceed if she disagrees, provided the legal conditions are met.
• Service providers – Both public hospitals and accredited private clinics may perform abortions. Regional health authorities organize the service, so availability can vary by region (e.g., some northern regions have more facilities than certain southern provinces).

Relevant Case Law

• Constitutional Court, Decision No. 31 (1975) – Recognized the principle of bodily autonomy, later used to support Law 194.
• Constitutional Court, Decision No. 96 (1995) – Confirmed that the law’s health‑risk provision includes mental health.
• European Court of Human Rights, Tysiąc v. Poland (2007) – While not an Italian case, the judgment clarified that the right to respect for private life under Art. 8 of the European Convention on Human Rights includes access to lawful abortion, reinforcing the standards embodied in Law 194.

Practical Considerations

• Regional differences – Some regions have additional protocols for the composition of the medical‑ethical committee or for the handling of cases involving minors.
• Costs – In the public system the procedure is covered by the National Health Service (SSN). Private clinics may charge fees, but they are generally reimbursable if the woman has an SSN card.
• Privacy – The law guarantees confidentiality; health records related to the abortion are protected under the Personal Data Protection Code (Legge 675/1996, now integrated into the GDPR).

Where to Find the Official Text

• The full text of Law 194/1978 is available on the Italian Ministry of Health website: Legge 194/1978 – Interruzione Volontaria della Gravidanza.
• Up‑to‑date regional guidelines can be consulted through each region’s health department portal.

When to Seek Professional Advice

The information above provides a general overview. Individual circumstances—such as complex medical histories, cross‑regional travel for services, or disputes with a medical‑ethical committee—may require personalized legal counsel. Consulting a lawyer who specializes in health or family law in Italy is advisable to ensure all procedural rights are protected and to address any potential conflicts with regional regulations.