Facilities for the performance of abortions; application for a permit

The Free State of Bavaria ensures a sufficient supply of outpatient and inpatient facilities for the performance of abortions. In these facilities, the necessary aftercare must also be guaranteed. These facilities are subject to licensing or notification.

Description

Facilities require the permission of the competent government to perform abortions, unless,

  • they are included in the hospital plan with the speciality "gynaecology and obstetrics", or
  • they are operated by a public-law institution in a legal form under public or private law;

the same applies in the case of participation by a public-law body in a hospital run in a legal form under private law, if the predominant influence of the public-law body is ensured in particular by its majority in the share capital or by its voting rights or by the legal or organisational circumstances.

Permission pursuant to Art. 3 of the Bavarian Pregnancy Assistance Supplementary Act (BaySchwHEG) requires a written application from the sponsors or owners, in which the facility is designated and with which the specialist medical recognition of the gynaecologists and anaesthetists prepared to assist in abortions is proven.

Prerequisites

Permission is granted if it is proven that in the facility

  • the requirements of § 13 Paragraph 1 of the Pregnancy Conflict Act (SchKG) are met,
  • doctors with specialist recognition in the field of "gynaecology and obstetrics" and the necessary, professionally suitable assistant staff are available,
  • the provision of care by doctors with specialist recognition in the field of "anaesthesiology" is ensured if an abortion is performed under general anaesthesia,
  • sufficient emergency intervention is possible,
  • premises are available in such a condition that the abortion can be performed according to the rules of medical art, the requirements of hygiene and without any other danger to the pregnant woman,

the equipment required to determine the age of the pregnancy is available
and if the provider or owner of the facility guarantees that the legal obligations in the performance of abortions, including the obligations under Art. 5 BaySchwHEG, are complied with. Permission may be granted subject to conditions and requirements.

Procedure

The written application shall be addressed to the lower authority for health, veterinary affairs, food and consumer protection, which shall forward it without delay to the competent government in whose jurisdiction the establishment is located, together with an opinion on the fulfilment of the requirements.

Special notes

The statutory pregnancy conflict counselling includes, among other things, any medical and social information required according to the circumstances. This also includes the provision of information about available facilities that perform abortions.

Processing time

if all documents and information are complete, max. 90 days

Required documents

  • Approbationsurkunde
  • Proof of specialist recognition of doctors prepared to assist in abortions
  • Certificate of good conduct (document type "0")

Forms

Please select a location in "Localization" so that the address of the responsible authority can be filled in.

  • Prefillable Form, Bavaria-wide: Formloser Antrag (mit Unterschrift)
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

    Dieser Assistent unterstützt Sie bei der Erstellung eines formlosen Schreibens, wenn die zuständige Stelle kein Antragsformular zur Verfügung stellt.

Fees

  • The costs (fees) range from 60.00 to max. 300.00 EUR.

    The expenses (e.g. inspection costs, postal delivery charges) are to be settled individually in accordance with the Health Fees Ordinance.

    The costs (fees and expenses) are to be borne by the applicant.

Remedy

Administrative court proceedings; information

Administrative court action

Status: 20.08.2021

Responsible for editing: Bayerisches Staatsministerium für Gesundheit und Pflege

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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Responsible for you

If you select a location under "Localization" the contact details of the responsible authority and, if applicable, locally valid information will be displayed.