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Reader question: Is abortion legal in Austria?

With the debates on women's rights again in the spotlight worldwide, readers in Austria have asked what the rules are in the alpine country.

Published: 6 May 2022 14:49 CEST
Updated: 26 June 2022 09:26 CEST
People enjoying the sun at the Danube canal in Vienna, Austria on Thursday May 5
People sit in the sun at the Danube canal in Vienna, Austria on May 5, 2022. (Photo by JOE KLAMAR / AFP)

The leaked US Supreme court draft document that shows the highest court in the United States is now in favour of overturning the ruling, known as Roe v Wade, which made abortion legal across the country, has brought the issue of reproductive rights back to the centre stage worldwide.

Austria has been put particularly in the spotlight, as Reuters reported that a company headquartered in the country has seen a spike in interest from American women this week.

The company, nonprofit Aid Access provides prescription pills used to terminate pregnancies at home and sends them by mail.

To get around restrictions in some US states, the Austrian-headquartered company works with European doctors who prescribe the abortive pills for patients using a mail-order pharmacy in India.

READ ALSO: Violence against women in the spotlight in Austria after horrific killings

While women in many countries need to go through such schemes or even resort to illegal and dangerous abortion clinics, rules in Austria, where abortion has been legal since 1975, make the procedure much safer for women.

Is abortion legal in Austria?

It is decriminalised. Since 1975, optative abortion is not a crime in Austria. Women can discontinue a pregnancy per choice within the first three months – before the 16th pregnancy week, counting from the date of the last menstrual period.

Women must go through a consultation with a doctor, but they don’t have to disclose the reasons for the abortion. Instead, the consultation will usually decide which abortion method is better for the patient’s case.

READ ALSO: COMPARE: Which European nations have the highest (and lowest) percentage of women MPs?

The so-called “late abortions”, after 16 weeks, are possible in some instances.

These include if there is a severe danger to the mental health, physical health, or the life of the pregnant woman; if the child is expected to be born with severe mental or physical disabilities; or if the woman was under 14 years of age when she became pregnant.

Teenage pregnancy

Girls in Austria can give their own consent to an abortion from the age of 14. However, some hospitals in Austrian provinces would still require a legal guardian’s consent for minors.

The consent of a legal guardian is also necessary if the adolescent is not legally capable of giving consent (for example, as a result of a learning disability), according to Austrian authorities.

If the girl is under the age of 14, then the consent of a parent or legal guardian is always required before an abortion can be performed.

What are the methods available in Austria?

Women who have decided to have an abortion can do so with a surgical method (usually suction, but curettage is also possible in some cases) or using drugs. This will usually depend on how far along with the pregnancy she is and is decided together with a doctor.

READ ALSO: Does Austria have a problem with violence against women?

The surgical option can be done either in a hospital or an outpatient clinic, with general or local anaesthesia. It is a safe surgical procedure, and women are usually discharged after a few hours.

With a drug-based abortion, doctors use the Mifegyne pill, which has been approved in Austria since 1999 and is considered a very safe and reliable method, especially in early pregnancy. However, the drug must be taken in the presence of a doctor or after written medical order.

Where can women go to get information on abortion?

For information or to get the procedure, women can go to general practitioners, gynaecology clinics, special abortion ambulatory clinics, and gynaecological departments of hospitals.

There are also advice institutions such as family counselling centres and women’s health centres that women can visit to get more information.

Austria has many private women’s clinics that offer advice, do the procedure in a safe environment, or just provide implantation and recommendation for contraception methods.

Most of them will see people seeking abortions without a previous appointment, on short notice, and even on weekends. Most clinics have doctors and receptionists who speak English. They don’t require women to give much personal details or be Austrian citizens or residents.

Who pays for the costs of an abortion?

Optional abortions are not covered by social insurance in Austria and must be paid privately. Costs can range from €550 to €915 for a surgical abortion in Vienna or €535 to €560 for the pharmacological option in the capital.

The costs of abortion will only be covered by social insurance if the abortion is necessary for medical reasons.

READ ALSO: Austria’s top court legalises same-sex marriage

Some municipalities offer financial support through the social welfare office of district authorities, subject to certain conditions.

Is the morning after pill allowed?

Yes. Emergency contraception is not free, though, but can be bought without a prescription in pharmacies or in women’s clinics, which usually open late.

What is “anonymous birth”?

In Austria, there is also the legal possibility of giving birth anonymously, free of charge, in any hospital. The Youth Welfare Office becomes the child’s legal guardian as it is adopted by parents in the system.

This is legal in Austria, and women can follow the route without concern for criminal prosecution – they also don’t need Austrian health insurance or residency. After the birth, women have six months to change their minds and revoke the decision to give up the child.

There are also hospitals in Austria that anonymously care for and receive babies. In addition, mothers can anonymously inquire about the child’s condition anonymously and change their minds in six months before the child is released for adoption.

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TRAVEL NEWS

Reader question: What do Europe’s EES passport checks mean for dual nationals?

The EU's Entry & Exit System (EES) of enhanced passport checks will usher in big changes for travellers - here we answer readers' questions on the position for dual nationals.

Published: 22 April 2024 17:10 CEST
Reader question: What do Europe's EES passport checks mean for dual nationals?

The EU is preparing, after many delays, to introduce the EES system for travel in and out of Europe.

You can find a full explanation of how it works HERE, but in essence it is an enhanced passport check – registering biometric details such as fingerprints and facial scans and introducing an automatic calculation of how long you have stayed within the EU/Schengen zone in order to detect ‘over-stayers’.

And it’s already causing stress for travellers. We asked readers of The Local to share their questions here – and one of the biggest worries was how the system will work for dual nationals ie people who have a passport for both an EU country and a non-EU country.

EES: Your questions answered

EU passports 

One of the main purposes of EES is to detect ‘over-stayers’ – people who have either stayed in the EU longer than their visa allows or non-EU nationals who have over-stayed their allowance of 90 days in every 180.

As this does not apply to EU nationals, people travelling on an EU passport are not required to do EES pre-registration and will continue to travel in the same way once EES is introduced – going to the ‘EU passports queue’ at airports, ports and stations and having their passports scanned as normal.

Non-EU 

Non-EU travellers will, once EES is up and running, be required to complete EES pre-registration.

This means that the first time they cross an EU/Schengen zone external border they will have to go to a special zone of the airport/port/terminal and supply extra passport information including fingerprints and a facial scan.

This only needs to be done once and then lasts for three years.

Non-EU residents of the EU/Schengen zone

This does not apply to non-EU citizens who are permanent residents of an EU country or who have a long-stay visa for an EU/Schengen zone country – click HERE for full details.

Schengen zone passports/Irish passports 

EES applies within the Schengen zone, so people with Swiss, Norwegian and Icelandic passports are treated in the same way as citizens of EU countries.

Ireland and Cyprus are in the EU but not the Schengen zone – these countries will not be using the EES system at their borders, but their citizens are still EU citizens so can continue to use EU passport gates at airports and will be treated the same as all other EU citizens (ie they don’t have to do EES pre-registration).

OK, so what if you have both an EU and a non-EU passport?

They key thing to remember about EES is that it doesn’t actually change any of the rules on immigration – it’s just a way of better enforcing the rules that are already in place. 

Therefore the rules for dual nationals remain as they are – for most people which passport to travel on is a matter of personal choice, although Americans should be aware that if you have a US passport and you are entering the USA, you must use your American passport. 

But it’s also important to remember that the passports of dual nationals are not ‘linked’ – therefore if you present an American passport at the Italian border, you will be treated exactly the same as every other American, there is no way for the border guard to know that you are also Italian.

Likewise if you are a UK-Germany dual national and you travel back to the UK on your German passport, you can expect to be treated the same as every other German at the border, and might be asked for proof of where you are staying in UK, how long you intend to stay etc – the system has no way of knowing that you are also British. 

Therefore whether you have to complete EES pre-registration or not is entirely a matter of which passport you are travelling on – if you use your EU passport you won’t have to do it, if you use your non-EU passport you will.

It’s also possible to use two passports for the same trip – so let’s say you’re travelling from Spain to Canada – you enter Canada on your Canadian passport, and show your Canadian passport again when you leave. However, once you re-enter Spain you show your Spanish passport in order to benefit from the unlimited length of stay.

If you’re travelling between France and the UK via the Eurostar, Channel Tunnel or cross-Channel ferry, you need to remember that the Le Touquet agreement means that French passport checks take place in the UK and vice versa. You can still use both passports, but you just need to keep your wits about you and remember to hand the French one to the French border guards and the British one to British guards.

In terms of avoiding immigration formalities using two passports is the most efficient way for dual nationals to travel, but some people prefer to stick to one passport for simplicity, or don’t want to keep both passports together in case of theft.

Basically it’s a personal choice, but you just need to remember that you will be treated according to the passport that you show – which includes completing EES pre-registration if you’re showing a non-EU passport.

It’s also worth remembering that if the changes do cause border delays (and there are fears that they might especially at the UK-France border), then these will affect all travellers – regardless of their passport. 

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