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[The 2nd legal abortion ruling of the German Legislative Court and its consequences].

The second court decision in 1993 on term indication for induced abortion by the Federal Constitutional Court of Germany still left it up to the pregnant woman to decide whether to continue her pregnancy or not despite the legal guarantees of protection of the unborn life. The Pregnancy and Family Assistance Law deemed the envisioned revision of the concept of protecting the unborn life in accordance with the constitution. The existing public opinion and the activity of the abortion establishment have rendered the concept of protection ineffective. Although the unborn child enjoys legal protection even vis-a-vis its mother the Constitutional Court left it up to the pregnant woman to make the decision after the prescribed counseling session. In accordance with the decision brought in 1975 the Court affirmed that basically abortion is wrong during the entire length of the pregnancy yet it combined to this view the absence of punishment social assistance and the continued payment of wages. The state mandates for doctors to carry out counseling for women before undergoing abortion but this counseling model is contradictory because what is unlawful must be performed by the doctors. It is incontrovertible that this counseling model that was held constitutional by the Court is an assault on the obligation to protect the unborn. Facts that argue against the womans having final responsibility to choose an abortion are: numerous women are forced to undergo abortion because of financial threats from the partner and the social environment; the sensing of pain of the unborn child in and before the 12th week of gestation cannot be discounted; and only irresponsible fathers will be the beneficiaries of this new regulation as they do not have to share the costs of abortion and they are released from responsibility under civil law.