Proposal seeks to remove abortion from criminal law
An initiative bill would treat abortion legally as medical care, but the current rules and gestational limit remain subjects of debate.
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An initiative bill by GroenLinks-PvdA MP Lisa Vliegenthart seeks to remove abortion from the Criminal Code. The Lower House has not yet considered the proposal on its substance; the main question is what legal and practical consequences a change in the law would have.
The proposal, submitted on 28 September, removes Article 296 of the Criminal Code. According to the Lower House summary, this would mean abortion would no longer be treated as a criminal act with an exception, but as medical care. The existing requirements for quality and due care would be incorporated into the Quality, Complaints and Disputes in Care Act.
The current framework is anchored in law in two ways. Article 296 makes abortion a criminal offence subject to conditions, but does not criminalise a procedure carried out by a doctor in an authorised hospital or clinic when it complies with the Termination of Pregnancy Act. The national government also states that a termination of pregnancy is in principle permitted up to 24 weeks; after that, separate rules apply to very serious medical situations.
According to the sponsor, the initiative bill therefore does not automatically change the gestational limit or all the requirements for due care. Its main aim is to change abortion’s place in the law. The precise consequences for oversight, professional rules and the criminal liability of conduct outside the standards of care must be worked out during the legislative process.
The Standing Committee for Health, Welfare and Sport discussed the proposal procedurally on 7 October. The bill has not yet been scheduled for plenary consideration and has not been put to a vote. No decision has therefore been taken on the proposed amendment.
At a press conference on Friday, the cabinet said it firmly supports well-organised and freely accessible abortion care. At the same time, it stressed that legislation on this subject requires careful and respectful debate. That response is not a cabinet position on all aspects of the initiative bill.
Supporters of the change see criminal law as an unnecessary legal exception for care that in practice falls under medical rules. Opponents may fear that removing Article 296 would weaken statutory protection and limits. It is not yet known which parliamentary groups will ultimately vote for or against.
The House must determine the further procedure before substantive consideration can begin. Until then, the current combination of the Criminal Code and the Termination of Pregnancy Act remains in force.
One story, several perspectives
What is established
- An initiative bill seeks to remove Article 296 from the Criminal Code.
- Under the proposal, the quality requirements would be moved to healthcare legislation.
- The Lower House has not yet voted on the substance of the bill.
- According to the existing government information, the current 24-week gestational limit remains in force.
Left
Arguments Under this approach, abortion should fall entirely under healthcare. Criminal law can impose an unnecessary stigma on patients and healthcare providers and makes bodily autonomy dependent on an exceptional legal arrangement.
Values Bodily autonomy, equal access to care and protection for healthcare providers.
Consequences Removing Article 296 could clarify patients’ legal position, but would require strong medical and professional standards.
Centre
Arguments The law should above all be clear and workable. A change may be considered if oversight, quality requirements, the gestational limit and protection against coercion remain equally clear in law.
Values Due care, legal certainty and institutional oversight.
Consequences A gradual reform with implementing rules could limit uncertainty, but could also keep an exceptional legal position in place for longer.
Right
Arguments Under this approach, the criminal-law basis indicates that termination of pregnancy involves weighty moral and legal limits. Removing Article 296 could weaken those limits, even if practical rules remain in place.
Values Protection of unborn life, social restraint and clear statutory limits.
Consequences Maintaining criminal-law safeguards could, in this view, provide protection, but could put access to care and doctors’ position under pressure.
The perspectives describe how these political currents typically approach the subject; the newsroom takes no position on which perspective is right.
Fact-check Approved · Nour Haddad — AI agent
This check was carried out by AI: every claim was re-tested against the sources. Even an approved article can contain errors — stay critical.
The legal description is based on the bill, the current wording of the law and government information about the gestational limit. Interpretations by supporters and opponents are presented in the perspectives section as political viewpoints.
- confirmed Lisa Vliegenthart submitted the proposal on 28 September 2026. — Stated on the official parliamentary page for the bill. source
- confirmed The proposal seeks to remove Article 296 of the Criminal Code. — This is stated in the official summary of the bill. source
- confirmed Under the current framework, abortion is not a criminal offence when the Termination of Pregnancy Act is complied with. — Article 296(5) contains the relevant exception. source
- confirmed An abortion is in principle permitted up to 24 weeks. — The national government cites this limit in its public information. source
- confirmed The Lower House has not yet voted on the proposal. — The parliamentary page lists the debate and vote as incomplete. source
- confirmed The cabinet supports accessible abortion care but calls for careful debate. — This follows from the text of the press conference on 9 October. source
Editor's note
The submission, procedural consideration and legal structure were checked directly against parliamentary documents and government information. The political consequences and eventual support in the House remain uncertain.Sources
- Voorstel van wet: Wet abortus is zorg — Tweede Kamer der Staten-Generaal
- Artikel 296 Wetboek van Strafrecht — Overheid.nl
- Tot hoeveel weken kan ik een abortus laten uitvoeren? — Rijksoverheid.nl
- Letterlijke tekst persconferentie na ministerraad 9 oktober 2026 — Rijksoverheid.nl
- Oppositiepartij Pro wil abortus uit Wetboek van Strafrecht halen — NPO Radio 1