Costa Rica expands pro-life protections for preborn babies

Costa Rica has expanded protections for preborn children with a new decree limiting the circumstances under which abortion can be committed.

Key Takeaways:

• Preborn children in Costa Rica have historically been protected from abortion, although previous administrations have tried to expand abortion.

• While abortion is legal in Costa Rica, it is said to be legal in name only, though the status is unclear.

• President Rodrigo Chaves has issued a new decree reaffirming protections for preborn children.

The Details:

In good news for preborn babies in Costa Rica, the country’s president, Rodrigo Chaves, furthered pro-life protections on Wednesday, effectively prohibiting abortion unless the life of the mother is at risk. Previously, mothers whose health was in danger could get abortions along with women whose lives were at risk.

During the press conference announcing the decree, Chaves stated, “Today the only reason for which an abortion can be done without penalty is when there are only two options: the mother’s life or the life of the being that is inside.”

In a statement supporting this decree, the Evangelical Alliance applauded Costa Rica. “This is an opportunity to unite around a universal principle: the value of all human life,” said alliance President Pastor Ronald Vargas.

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The Backstory:

Like many pro-life Catholic countries in Central and South America, Costa Rica has traditionally championed preborn life in most cases. There was concern in 2019 that the country was seeking to expand abortion when then-President Carlos Alvarado Quesada issued a technical decree that could have led to increased abortions. According to the country’s Health Ministry, that decree served as a “technical security to address the care of women when their life or health is in danger.” 

That decree said:

• A group of three medical professionals must assess within three days of a request for an abortion if an abortion is legally permissible for the woman seeking one, based on the law in Costa Rica.

• There must be no other option to secure the woman’s emotional or physical health.

• Once they decide, the woman can either accept that decision or appeal. In addition, the woman must have given consent to the abortion, and must have access to comprehensive care.

• Medical professionals are allowed to cite conscience objections.

The more recent decree only allows abortion when a mother's physical life is at risk.

The Bottom Line:

Life is sacred and should always be protected, from conception to natural death. This decree is an important step towards ensuring every life is safe and respected in Costa Rica. However, induced abortion — the direct and intentional killing of the preborn child for that end — is not medically necessary, even to save the life of the mother. Even if a pregnancy must end, the child can be delivered without first intentionally killing him or her. The distinction is nuanced, but critical to make when discussing something as important as the sanctity of life and legislation that either protects or violates it.