Late Termination of Pregnancy in Belgium: Exploring Its Legality and Scope

Abstract

Abstract Termination of pregnancy when the foetus is considered viable remains a legal and ethical challenge for lawmakers and society. In Belgium, the lawfulness of late termination of pregnancy is contested by legal scholars up until today. Through statutory interpretation, this analysis demonstrates that this controversy is unwarranted and that termination of pregnancy for particularly severe and incurable foetal abnormality or for serious threats to the health of the pregnant person is also permitted after foetal viability. Nonetheless, by using open terms the Belgian Act on the Voluntary Termination of Pregnancy creates considerable legal uncertainty. Drawing on a comparison with the regulatory frameworks of the Netherlands and the United Kingdom, this article underlines the need for increased multidisciplinary debate, medical guidance, and scientific research on late termination of pregnancy in Belgium.