Draft law no. 267 on the voluntary interruption of pregnancy (IVG)

Overview

The aim of draft law no. 267 (of parliamentary origin), received on 4 March 2025 and adopted on 15 May 2025, is “to ensure the autonomy and dignity of Monegasque and resident women, in compliance with the Constitution and the Principality's international commitments”. (Explanatory Memorandum)

The draft law was referred to the Family and Equality Rights Committee, which heard i.a. the opinions of the High Commission for the Protection of Rights and Mediation, theMonegasque Association of Obstetrics and Gynaecology, the Monegasque Women's Union and SheCanHeCan, which have been made public.

In its Report, the Committee points out that the reform takes account of "contemporary realities", with the aim of "enabling health practitioners and social organisations to take charge of the procedure in the Principality of Monaco, without having to suffer the constraints of travelling abroad". In legal terms, it states that "neither the agreements concluded with the Holy See, nor article 9 of the Constitution, which recognises Catholicism as the State religion, restrict the activity of the legislator. The latter remains free to adapt legislation to better respond to social developments and the expectations of the population."

Note: A draft law adopted by the Parliament (Conseil National) is forwarded to the Government, which has 6 months to inform it of its decision (continuation or end of the legislative process).

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SUMMARY

Draft Law no. 267 amends article 248 of the Criminal Code as follows:

• The voluntary interruption of pregnancy (“interruption volontaire de grossesse“ IVG) would be authorised “before the end of the twelfth week of pregnancy at the request of the pregnant woman” with no obligation to justify the reason. The 12-week period is “an intermediate period that has been adopted by many European countries” (Explanatory memorandum, p. 6). A “reflection period of 3 days following the date of written consent” would apply, which “may have the effect of extending the twelve-week period”.
• The period within which an IVG may be requested in the event of a criminal offence, currently set at 12 weeks, would be extended to 16 weeks, “with a view to adapting the legal framework to the complex and sensitive realities of these situations, by allowing victims more time to make an informed decision and organise the necessary steps” (Explanatory memorandum, pp. 6-7).
• The requirement for parental consent for minors would be lowered (from -18 years) to 15 years, which “corresponds to the age of sexual majority in Monaco, a legally recognised criterion for assessing capacity to consent to certain acts” (Explanatory memorandum, p. 7).
• In the event of a refusal to perform an IVG, the doctor requested to do so would be obliged to connect the person concerned with another doctor authorised to practise in Monaco who could perform the procedure, instead of the Antenatal Coordination and Family Support Centre. “This new approach takes account of the need to ensure a rapid response tailored to the woman's needs”. (Explanatory memorandum, p. 8)

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