Facilities for performing abortions; application for a permit.
In Bavaria, abortions may only be performed in licensed facilities. Facilities therefore require a permit or must notify their willingness to perform abortions.
Description
Facilities require the permission of the competent government to perform abortions, unless,
- they are included in the hospital plan with the specialty "gynecology and obstetrics",
- they are operated by a public-law institution in a legal form under public or private law, or
- they are organized as a participation of a public-law institution in a hospital operated in a legal form under private law, in which the predominant influence of the public-law institution is ensured, in particular, by its majority in the share capital or by its voting rights or by the legal or organizational relationships.
Permission pursuant to Art. 22 of the German Health Service Act (GDG) requires a written application from the sponsors or owners designating the facility.
Prerequisites
Permission is granted if it is proven that in the facility
- the requirements of § 13 para. 1 of the Pregnancy Conflict Act (SchKG) are met,
- the necessary, professionally suitable personnel are available,
- 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 necessary for determining the age of pregnancy is available
and if the institution or the owner of the institution offers the guarantee that the legal obligations regarding the performance of abortions will be observed. Permission may be granted subject to conditions and requirements.
Procedure
The written application shall be sent to the health department, which shall forward it without delay to the government in whose jurisdiction the facility is located, together with an opinion on the existence of the requirements.
Special notes
The statutory pregnancy conflict counseling includes, among other things, any medical and social information required by the circumstances. This also includes the provision of information about accessible facilities that perform abortions.
Processing time
if all documents and information are complete, max. 90 days
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.
Status:03.07.2023
Responsible for editing:Bayerisches Staatsministerium für Gesundheit und Pflege
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