Pro-life lawyers claim Poland’s new abortion center breaks federal law

Executive Summary

• On March 8, activists from the Abortion Dream Team opened the AboTak “abortion clinic” near the Polish Parliament, where Polish law is now set to be openly violated.
• Women seeking abortions at the “clinic” are expected to receive assistance in obtaining illegal abortions – acts that constitute crimes under Polish law (Article 152 § 2 of the Penal Code).
• The Ordo Iuris Institute has reported the clinic’s creators to the District Prosecutor’s Office in Warsaw for potentially committing a crime.
• The report names Justyna Wydrzyńska, an abortion activist, as one of the suspects. She is currently on trial in the Warsaw-Praga District Court for a similar offense.
• Ordo Iuris has also submitted a request to the Warsaw Police Department, seeking information on the extent of police protection offered to the illegal facility.

(Ordo Iuris) — Activists from the Abortion Dream Team (ADT), including Justyna Wydrzyńska – who was convicted in the first instance for assisting in an illegal abortion (a ruling later overturned by the Court of Appeals for retrial) – had previously declared their intent to establish a location where women could undergo pharmacological abortions.

This facility, named AboTak, was inaugurated on March 8 near the Polish Parliament. According to the activists involved in its creation and operation, AboTak aims to provide a space where women can terminate pregnancies using abortion pills.

This raises legal questions regarding its compliance with Polish law, particularly in relation to the Polish Constitution, the Act on Family Planning, Protection of the Human Fetus, and the Conditions for the Permissibility of Abortion (“the Family Planning Act”), the Criminal Code, and the guidelines issued last August by the prosecutor general, which address various aspects of pharmacological abortion.

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Polish law has not changed

If anyone believes that Poland, under Brussels-backed Donald Tusk, still adheres to the famous rule of law, they are deeply mistaken.

A striking example of rampant lawlessness is the issue of abortion access – or, from another perspective, the decriminalization of abortion. In July 2024, the Sejm failed to pass a bill amending the Criminal Code, which proposed, among other things, criminal liability for unlawful abortion and for assisting in abortion. The bill did not receive the required majority of votes. In other words, through a democratic process, the representatives of the majority of Polish society decided that abortion and assistance in abortion should remain illegal and punishable.

The matter should be considered settled, especially since the bill in question was, in any case, inconsistent with the Polish Constitution and the long-standing jurisprudence of the Constitutional Court on the protection of human life from conception.

Circumventing the law through ministerial guidelines

After the unsuccessful vote in the Sejm in July, some politicians from the ruling coalition, working closely with abortion organizations, announced that abortion would be introduced in Poland through alternative means. It soon became evident that this would be achieved via ministerial guidelines, compelling doctors to perform abortions in hospitals under threat of financial sanctions or even the loss of contracts with the National Health Fund.

However, ministerial guidelines do not constitute universally binding law. In a state governed by the rule of law, they cannot override the provisions of the Polish Constitution (Article 38), the Family Planning Act (Article 1), or the Penal Code (Article 152), all of which protect human life. These guidelines should align with existing legal provisions, as required by the constitutional principle of the rule of law, which states that “public authorities act on the basis and within the limits of the law” (Article 7 of the Polish Constitution).

However, when it comes to abortion, the validity of this principle appears to be either suspended or entirely disregarded – at least, that is what the actions of those now in position of authority seem to suggest.

READ: 18-year-old dies after botched 22-week abortion at Colorado Planned Parenthood

Overt criminal activity at AboTak

AboTak, a facility where activists openly declare their intent to assist women in obtaining abortions, should never have been established. Assisting in the termination of an unborn child’s life is a crime under Polish law, as stipulated in Article 152 § 2 of the Criminal Code, which states that anyone who assists or induces a pregnant woman to terminate her pregnancy in violation of the law is subject to a prison sentence of up to three years.

This provision remains in force, and judicial precedents confirm that the activities carried out by activists at AboTak meet the criteria for aiding an abortion. For instance, in its September 30, 2008, ruling (case II AKa 231/08), the Court of Appeals in Katowice determined that “assistance in aborting a pregnancy can be carried out in various ways, such as by providing tools for this purpose, but also through advice or information.” The Court of Appeals in Gdańsk upheld a similar stance in its February 9, 2017, ruling (case II AKa 294/16).

It is therefore evident that individuals who provide women with a place (premises) and tools (pills) to conduct an illegal abortion under the Family Planning Act are committing the offense outlined in Article 152 § 2 of the Penal Code.

Notably, the Katowice Court of Appeals even ruled that simply providing a telephone contact for such purposes could constitute a crime under Article 152 § 2, as it represents “substantial assistance, as it enabled further actions already aimed directly at the termination of pregnancy (…).” This is even more true for the distribution of abortion pills, an activity long promoted by the activists of the Abortion Dream Team, and which is now being carried out completely openly.

Because Tusk said so

This raises an obvious question: on what legal basis do abortion activists – one of whom has already been convicted of aiding an illegal abortion – operate and openly advertise a facility where crimes are allegedly being committed? Would it be equally acceptable for other lawbreakers, such as thieves, to operate openly and, as in the case of AboTak, receive police protection?

It seems unlikely – although, given the current situation, nothing can be ruled out. The primary reason ADT activists appear to act with impunity seems to be political patronage. The activists themselves do not hide this fact, stating in an interview with public television channel TVP Info:

Donald Tusk promised that people who help provide access to abortion will not be prosecuted. We are not interested in the 1993 law, which is not being enforced anyway. The abortion ban does not apply here.

READ: Priests, pro-life activists found guilty of trespassing for efforts to save babies at abortuary

This suggests that the prime minister’s assurances now take precedence over the law and even the Constitution itself – something Tusk has openly admitted, claiming it is necessary to restore the rule of law through the tools of “militant democracy” after eight years of conservative governance.

Such circumstances also render irrelevant the fact that, as recently as August 2024, Prosecutor General Adam Bodnar issued guidelines for the prosecution regarding pre-trial proceedings on “so-called pharmacological abortion.” These guidelines explicitly state that:

Common organizational units of the prosecutor’s office are obliged to conduct or supervise proceedings concerning the unlawful termination of pregnancy, aiding or abetting.

A mockery of the law

Activists assisting in drug-induced abortions have long defied Polish law. However, the public provision of premises specifically intended for such activities represents a new level of defiance. This is all the more striking given the facility’s proximity to the Polish Parliament  – the very place where the nation’s representatives are elected to legislate, but above all, are bound to uphold the law.

Media reports and official social media profiles of the AboTak “clinic” indicate that the individuals responsible for its operation are members of the Abortion Dream Team, including Natalia Broniarczyk, Justyna Wydrzyńska, and Kinga Jedlińska. The activists have confirmed in press conferences and interviews that drug-induced abortions will take place at the facility, where they will “assist” pregnant women in direct violation of current laws.

Justyna Wydrzyńska has already been convicted of illegally providing abortion pills to a woman with a twin pregnancy. In the second instance, the Warsaw Court of Appeals referred her case for retrial.

The Ordo Iuris Institute accuses the activists of violating Article 152(2) of the Criminal Code, in conjunction with Article 124 and Article 125(2)(2) of the Pharmaceutical Law, and Article 11(2) of the Penal Code. The Criminal Code criminalizes aiding and abetting abortion in violation of the law. Ordo Iuris emphasizes in its complaint that this crime can also be committed by:

• Providing information on how to obtain abortifacients,
• Giving instructions on their use,
• Distributing abortion pills to pregnant women,
• Directly guiding women through the process, or
• Offering a facility where a woman can undergo an abortion.

These actions are punishable by up to three years in prison.

Additionally, the Pharmaceutical Law prohibits the unauthorized marketing of pharmaceuticals and the illegal trade of such products. Ordo Iuris points out that ADT activists use substances classified as medicinal products that have not been approved for marketing in Poland. Specifically:

• Mifepristone has never been approved in Poland.
• Misoprostol-containing products are not authorized for pregnancy termination.

READ: Trump DOJ, Florida use FACE Act to punish pro-abortion vandals who targeted pregnancy center

The Ordo Iuris Institute also highlights the potential for illegal economic activity should the facility charge for abortion pills. There is no indication that the activists are licensed to conduct this type of operation or import such pharmaceuticals.

Furthermore, Ordo Iuris has sent a public information request to the Warsaw Police Headquarters regarding the involvement of officers in guarding the premises. The day after AboTak opened, police were stationed outside, despite no visible disturbances. The organization has requested details on:

• The number of officers assigned to the facility,
• The reasons for their presence outside of public assembly hours (as pro-life activists staged a demonstration only on the day of the clinic’s opening).

Final thoughts

The events surrounding AboTak highlight a glaring contradiction: while the Polish legal system continues to criminalize aiding and abetting abortion, activists openly defy these laws with apparent political backing.

The situation raises fundamental questions about the rule of law in Poland and the extent to which political influence can override constitutional and legal norms.

Reprinted with permission from Ordo Iuris.