Abortion in Israel

Abortion in Israel is permitted when determined by a termination committee, with the vast majority of cases being approved, as of 2019^[update]. The rate of abortion in Israel has steadily declined since 1988, and compared to the rest of the world, abortion rates in Israel are moderate. According to government data, in Israel, abortion rates in 2016 dropped steadily to 9 per 1,000 women of childbearing age, lower than England (16.2) and the United States (13.2). 99% of abortions are carried out in the first trimester. Despite allegations of permitting abortion under limited circumstances, Haaretz noted in 2019 that this is not the case, and abortion is almost always permitted in Israel.

Abortion in Israel had been illegal, but became legal, subject to a termination committee's approval, under the penal code of 1977.

Prior to 2014, approval for an abortion in Israel by a termination committee was given under limited circumstances, such as if the woman was unmarried, age considerations (if the woman was under the age of 18 – the legal marriage age in Israel – or over the age of 40), the pregnancy was conceived under illegal circumstances (rape, statutory rape, etc.) or an incestuous relationship, birth defects, or risk to the life or health of the mother. Subsequent to 2014, abortion up to the age of 33 can be provided for under the nationally funded health basket.

According to the Israel Central Bureau of Statistics report from 2004, in 2003, most abortion requests were granted, with 19,500 legal abortions performed and 200 requests for abortion denied. Reasons for termination went as follows: The woman was unmarried (42%), illegal circumstances (11%), health risks to the woman (about 20%), age of the woman (11%), and fetal birth defects (about 17%). Women who would not qualify for an abortion under the statutory scheme may seek an abortion at a private clinic, although abortion in a private clinic is illegal.

It was reported in 2012 that about half of all abortions in Israel were performed in private clinics, i. e., without committee approval. Women who undergo such an abortion do not face criminal penalties, but physicians who perform them face a fine, or up to five years' imprisonment; however, there have been no known prosecutions of physicians for performing non-committee-approved abortions. About 20,000 abortions take place in Israel every year, with the figure remaining steady, despite a substantial increase in the population.

Clauses 312-321 of the 1977 penal code limit the circumstances when an abortion is legal in Israel. Abortions must be approved by a termination committee. Abortions can only be performed by licensed gynecologists in recognized medical facilities that are specifically and publicly recognized as a provider of abortions. However, the Israeli Cabinet updated the 1977 law in 2014 to allow abortion to be provided for nearly every woman in the country seeking an elective abortion.

Under a 1977 abortion law, a termination committee can approve an abortion, under sub-section 316a, in the following circumstances:

Previously, cases where the woman is between the ages of 20–33, and/or was granted an abortion due to the baby having been conceived under illegal circumstances or incest, the fetus had a serious physical or mental defect, the mother was unmarried, or the mother's health was in danger, the state pays for the abortion. However, the law was modified in 2014 to allow a free state-funded "health basket" for any woman seeking an abortion. Women who get pregnant while serving in the IDF are entitled to free, state-funded abortion.