Latin America is in the midst of a prolonged discussion on abortion, with regulations differing substantially from nation to country and political initiatives to decriminalize, legalize, or liberalize the procedure.

In certain Latin American countries, such as El Salvador, Nicaragua, and Honduras, abortion is fully outlawed. However, several countries have decriminalized or legalized the practice, allowing it under specified situations.

Decriminalization means that there is a law prohibiting abortion that remains in place, but either by legislation or judicial fiat exceptions are made, commonly referred to as non-punishable abortion. Legalization means an existing prohibition barring abortion is revoked by legislation or judicial action, generally with specific conditions.

In the following countries, substantial efforts have been taken either for or against abortion. In Mexico, access to abortion has been liberalized.

In 2007 Mexico City decriminalized abortion up to 12 weeks’ gestation, resulting in hundreds of thousands of lost lives since then.

On Sept. 6, 2023, the Supreme Court of Justice of Mexico, by unanimous decision, declared the criminalization of abortion unconstitutional at the national level. This means that federal public health providers must offer free abortions and cannot suffer any fines for doing so.

Currently, 20 of the country’s 31 states ban abortion in their legal codes but are obligated by the court judgment to revise them.

On Feb. 21, 2022, the Colombian Constitutional Court voted in favor of decriminalizing abortion up to 24 weeks’ gestation (six months). No other country in Latin America has authorized this surgery to be performed in such an advanced stage of pregnancy.

After 24 weeks, abortion is still permissible but on three specific grounds: substantial risk to the life or physical or mental health of the woman; fetal deformity; or in cases of rape, incest, or nonconsensual artificial insemination. Those justifications were legalized by the court’s 2006 verdict.

On Dec. 30, 2020, the country’s legislature passed a law permitting abortion up to the 14th week of pregnancy without establishing any grounds, i.e. abortion on demand.

Outside of that period, Article 4 of the law specifies, without giving any details, that abortion could be conducted when the pregnancy is the consequence of rape or “if the life or overall health of the pregnant person is in danger.”

President Javier Milei has spoken out vehemently against abortion both during his election campaign and after assuming office but has presented no legislation. Meanwhile a congresswoman loyal to his political alliance has introduced a measure outlawing abortion, although the level of congressional support is dubious.

In Peru, abortion is illegal and constitutes a crime susceptible to consequences. However, since 1924 there has been an exception known as “therapeutic abortion,” which is not subject to fines.

According to Article 119 of the Penal Code, abortion will not be illegal if it is the only recourse to protect the life of the pregnant woman or prevent serious and irreversible damage to her health.

In November 2023, the Peruvian Congress passed the “Law That Recognizes Rights of the Conceived,” which establishes the unborn as a subject of rights with full standing as a human being.

Article 2 ensures the created child’s genetic individuality, unique and unrepeatable, independent of the mother and endowed with its own personality.

For several years, pro-abortion groups have promoted bills to decriminalize this technique; but, to date they have been unsuccessful.

On April 28, 2021, the Constitutional Court of Ecuador decriminalized abortion, which is allowed only in particular situations: when the life or health of the mother is in danger or in cases of pregnancy originating from rape. The next year, the National Assembly of Ecuador enacted a law in line with the court’s verdict.

According to the law, abortion is authorized up to 12 weeks for adult women victims of rape and as an exemption up to 18 weeks in rape cases of girls, adolescents, Indigenous women, and women from rural areas.

Since the law was passed, Constitutional Court judges have moved to nullify various parts of the statute to liberalize abortion.

In Uruguay, abortion has been regulated for more than 10 years by Law 18987, which states that it will not be penalized if it is conducted within the first 12 weeks of gestation or up to 14 weeks in cases of rape.

However, there are no limits when there are major fetal defects or when the mother’s life is at risk.

On Sept. 17, 2017, Chile adopted a law permitting abortion up to 12 weeks of pregnancy in situations of rape but with no upper limitations for fetal non-viability or risk to the mother’s life. Before the law was passed, abortion was entirely criminalized.

In Brazil, induced abortion is considered unlawful in most situations and carries criminal consequences. However, an exception has been made when the mother’s life is in jeopardy, in situations of rape, or if the fetus has anencephaly. In certain instances, abortion is not deemed criminal.

In September 2023, the Supreme Court of Brazil began to consider the prospective decriminalization of abortion at the national level for up to 12 weeks’ gestation. Voting may resume before the end of 2025.