Changes to Malta’s abortion laws are now officially part of the criminal code, with the legal amendments having been published in the government’s official journal.

Act No. XXII of 2023 was published in the Government Gazette on Friday after President George Vella signed it into law, days after it was unanimously approved by parliament. 

The Act amends provisions in chapter 9 of Malta’s criminal code to allow doctors to terminate a pregnancy when a woman’s life is at risk or her health is in “grave jeopardy which may lead to death.”

In the latter case, the termination must be approved by three separate doctors and the foetus must not be viable outside the womb.

Even when a woman’s life is at risk, a doctor must first determine that the foetus has not reached the period of viability.

Abortions remain illegal in all other circumstances, including rape.  

It is the first time that Maltese law explicitly allows doctors to terminate a pregnancy in certain situations.

The amendments are a watered-down version of the government’s original proposal, which did not define “grave jeopardy”, include the three-doctor requirement or stipulations concerning the foetus’ period of viability.

That original plan sparked protests from pro-life activists and murmurs that the president had threatened to resign if presented with the bill for his signature. 

The government’s subsequent revisions placated that anger and ensured President Vella, whose term expires in February 2024, did not object to signing the bill into law.

Pro-life activists have celebrated the amendments as a “U-turn” which the government was forced into by widespread and vocal protests. Pro-choice activists, on the other hand, have accused the government of having betrayed women.

Prime Minister Robert Abela has sought to portray the changes as a “historic step” while at the same time insisting that the changes are unrelated to abortion. Labour MPs have done likewise, with some exceptions.