Is abortion legal in Malta after the 2023 change in the law?
No — abortion remains illegal in Malta, except in one narrow case: to protect the life or health of a pregnant woman in grave danger. Under the Criminal Code (Cap. 9, art. 241-243), whoever ends a pregnancy, or the woman who does so herself, can face imprisonment. In 2023, article 243B introduced an exemption: a medical intervention to save the life or protect the health of a woman with a medical complication that may lead to death, carried out in a licensed hospital. The myth: that the 2023 reform "made abortion legal" in Malta. It did not — there is no abortion on request, and the law stays among the most restrictive in the EU. Outside a genuine emergency, three specialists must agree that the foetus has not reached viability; in a true emergency, the first specialist may be enough. The change followed the case of a foreign woman who had to leave Malta to receive care.
📋 The rules
- Under the Criminal Code (Cap. 9), whoever procures a miscarriage faces imprisonment from 18 months to 3 years (art. 241).
- The same penalty applies to a woman who procures or consents to the miscarriage of her own pregnancy.
- A doctor, surgeon or pharmacist who knowingly provides the means faces imprisonment from 18 months to 4 years and perpetual interdiction from the profession (art. 243).
- Article 243B (2023) exempts a medical intervention to save the life or protect the health of a woman in grave danger, in a licensed hospital.
- Outside a genuine emergency, three specialists must agree the foetus has not reached viability; in a true emergency the first specialist may be enough.
🔓 Exceptions
- The only permitted case is a medical intervention to save the life or protect the health of a woman with a complication that may lead to death.
- In a true emergency where there is no time, the opinion of a single specialist may suffice instead of three.
- A woman who brings abortion medication from abroad for her own use is in a risky legal grey area — in theory covered by art. 241(2).
⚠️ Penalties & fines
The penalties are in the Criminal Code: whoever procures a miscarriage (art. 241) faces imprisonment from 18 months to 3 years, and the same penalty applies to the woman who procures or consents to it. A medical professional who knowingly provides the means (art. 243) faces imprisonment from 18 months to 4 years together with perpetual interdiction — the licence to practise is lost for good, meaning the end of a career. Beyond prison, a criminal record remains, which can disrupt work, travel and more. The 2023 exemption applies only when the strict conditions are met in a licensed hospital; outside that, the legal risk remains. Someone who brings abortion pills from abroad may see them seized by customs and expose themselves to investigation, on top of the clinical risk of taking such medication without medical supervision.
📎 Official sources
- Legislation Malta · Criminal Code (Cap. 9) — articles 241-243B →
- Ministry for Health · health policy and services →
- Parliament of Malta · official site (legislative process and amendments) →
❓ Frequently asked
Did the 2023 reform make abortion legal in Malta?
No — the reform introduced only a narrow exemption when the woman's life or health is in grave danger that may lead to death. It did not bring abortion on request, and Maltese law remains among the most restrictive in the European Union.
What is the penalty for abortion in Malta?
Whoever procures a miscarriage faces imprisonment from 18 months to 3 years, and the same penalty applies to the woman who procures or consents to it. A doctor or pharmacist who provides the means faces 18 months to 4 years and loses the professional licence for good.
What was the case that led to the change?
The change was prompted by a case in which a foreign woman with a serious pregnancy complication could not receive the necessary care in Malta and had to travel abroad. The case exposed that the old law was not clear about when doctors could intervene to protect the woman's life.
Is one doctor enough, or three specialists?
As a rule three specialists must agree that the foetus has not reached viability and that the intervention is needed. But in a true emergency where there is no time, the opinion of the first specialist alone may be enough for the procedure to go ahead.
What happens if I order abortion pills online?
Bringing abortion medication from abroad for your own use is legally risky and in theory falls under article 241 of the Criminal Code. Beyond the legal risk, taking such pills without medical supervision can be dangerous for your health.
🔎 Common searches
What people search to land here:
- “abortion malta legal”
- “abortion law malta 2023”
- “abortion malta penalty”
- “article 243b malta”
- “when abortion allowed malta”
- “abort malta ligi”