A Socio-Legal Analysis of Abortion in Romania: From Inspiring ‘The Handmaid’s Tale’ to Post-Dobbs Developments

This chapter provides a socio-legal analysis of the status of abortion in Romania, offering insights into one of the most severe limitations of reproductive autonomy in European history and its aftermath. The chapter begins with a discussion of Romania’s abortion ban during the communist era, a restriction so severe that it served as inspiration for Margaret Atwood’s ‘The Handmaid’s Tale’. It then follows the socio-legal trajectory of abortion after the fall of communism, when abortion was legalized, until the recent global developments following the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which effectively put an end to abortion rights under the US Constitution. Overall, by looking at Romania as a case study, the chapter shows that the status and accessibility of abortion are deeply contingent on factors extending beyond the legal realm, such as historical legacies, religion, international developments and the involvement of transnational actors.