The current state of the law in Poland: the Family Planning Act and its interpretation

Weronika Przebierała

doi:10.37873/er8x6g98

The current state of the law in Poland: the Family Planning Act and its interpretation

Weronika Przebierała

Ordo Iuris Institute

Publication:

Protection of human life at the prenatal stage of development: Social, medical and legal aspects

Series: Ordo Iuris Library

DOI: https://doi.org/10.37873/z629ae55

Keywords: protection of human life, prenatal stage of development, abortion, conceived child, right to life, contraceptives, maternal mortality, mental health complications of abortion, constitutional standards of protection of life, family planning act

Published: June 17, 2026

The chapter interprets the Act of 7 January 1993 on family planning, protection of the human foetus, and the conditions of permissibility of terminating a pregnancy, Poland's main act protecting the life of a conceived child. Abortion is permitted only where pregnancy threatens the woman's life or health, or likely resulted from a prohibited act, limited to the twelfth week in that case.

Drawing on the literature and Constitutional Tribunal jurisprudence, the chapter shows that the only exception to protecting the right to life is its conflict with another person's same right, and that Polish law recognizes no "right to abortion." It analyses sanctions under the Criminal Code, abortion tourism, and criminal-law protection of a child surviving an abortion.

Practices observed in Europe and globally suggest a child can be killed after birth without consequence for the abortionist; statutory exceptions never apply once a child is born.

Weronika Przebierała, Ordo Iuris Institute

Lawyer, director of the Center for International Law at the Ordo Iuris Institute. She gained experience by co-founding the team of the Legal Office in the Sejm of the Republic of Poland and as an expert of the European Economic and Social Committee. She is the author of analyses, reports and legal opinions prepared for non-governmental organizations and state institutions. Her interests focus on European Union law and the international protection of human rights.

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How to Cite

Przebierała, W. (2026) “The current state of the law in Poland: the Family Planning Act and its interpretation”, in Kwaśniewski, J. (ed.) Protection of human life at the prenatal stage of development: Social, medical and legal aspects. Warszawa: Ordo Iuris Institute for Legal Culture - Scientific Press (Ordo Iuris Library). doi:10.37873/z629ae55.