Uk Abortion Laws: Understanding Current Legislation And Rights

Abortion laws in the UK have been the subject of much debate and controversy in recent years, with campaigners calling for reforms to the current legislation. The foundation of abortion laws in the UK can be traced back to the 1861 Offences Against the Person Act, which criminalised all abortions unless they were performed to save the life of the mother. This law was amended in 1938 to allow abortions if a woman's physical or mental health was at risk, and again in 1967 to permit abortions with an authorised provider. While abortion is now legal across the UK, there are differences in the specific laws and regulations that govern the procedure in England, Scotland, Wales, and Northern Ireland.

The Abortion Act 1967

In 2008, there were several votes in Parliament on proposals to further reduce the term limit for abortions in Britain. However, these proposals were strongly opposed by abortion rights groups, and amendments to reduce the limit to 12, 16, 20, or 22 weeks were all defeated.

In 2017, the Labour Party, under Jeremy Corbyn's leadership, made a commitment to extend the Abortion Act 1967 to Northern Ireland. In the same year, the UK Government announced plans to provide free abortion services in England for women from Northern Ireland.

In 2019, the Northern Ireland (Executive Formation etc) Act was enacted, which extended the deadline for the restoration of the Executive and required the Secretary of State for Northern Ireland to implement recommendations regarding abortion made in a UN report. As a result, sections 58 and 59 of the Offences Against the Person Act 1861, which made abortion a criminal offence, were repealed in Northern Ireland.

The main legislation on abortion in England, Scotland, and Wales is the Abortion Act 1967, as amended by the Human Fertilisation and Embryology Act 1990. This allows abortion for socio-economic reasons during the first 24 weeks of pregnancy and for medical reasons after this point.

The Offences Against the Person Act 1861

In Northern Ireland, the 1861 Act was the basis for a ban on abortion until 2019 when sections 58 and 59 were repealed by the Northern Ireland (Executive Formation etc.) Act 2019. In England and Wales, the procurement of an abortion remains a criminal offence under the Offences Against the Person Act 1861, although the Abortion Act 1967 provides a legal defence for both the pregnant woman and her doctor in certain cases.

Abortion decriminalisation in Northern Ireland

The Abortion (Northern Ireland) Regulations 2020, introduced by the UK government, allow access to abortions up to 12 weeks of gestation without conditionality. One medical professional must certify that the pregnancy has not exceeded 12 weeks. Abortions beyond this gestation period are lawful in specific instances, such as when severe foetal impairment or fatal foetal abnormalities are detected.

The new regulations were approved by both Houses of Parliament and came into force on 14 May 2020. However, despite the decriminalisation of abortion, barriers to accessing abortion care in Northern Ireland remain. Amnesty International UK reports that commissioned abortion services are still not established, and abortion rights, while respected in law, are not fully respected in practice.

Abortion in the rest of the UK

Abortion laws in the UK have been the subject of intense debate and campaigning, particularly in Northern Ireland, where legislation was changed in 2019. Abortion was decriminalised in Northern Ireland in 2019, and a new legal framework came into effect in 2020. This means abortion is now unconditionally legal up to 12 weeks in Northern Ireland. After 12 weeks, the law is similar to the rest of the UK.

In England, Scotland, and Wales, abortions are carried out under the 1967 Abortion Act, which allows abortion up to 24 weeks in cases where there is a risk to the life of the pregnant woman, or of injury to her physical or mental health, or that of her existing children. Two doctors must approve the procedure. Abortions can be carried out after 24 weeks only in very limited circumstances, such as if the mother's life is at risk or the child would be born with severe disabilities.

The 1967 Act was an amendment to the 1861 Offences Against the Person Act, which criminalised all abortions. The 1861 Act was never repealed and remains in force today. However, the 1967 Act allows for legal abortion if certain conditions are met.

There have been proposals to modernise abortion laws across the UK, with campaigners calling for decriminalisation so that abortion is treated as a healthcare matter rather than a legal issue. In April 2024, MPs put forward amendments to the current law in England and Wales to decriminalise abortion up to 24 weeks.

Calls for reform

Campaigners are calling for the UK's abortion laws to be reformed after a mother was prosecuted for ending her pregnancy beyond the legal limit. The 44-year-old mother-of-three was sentenced to 28 months under the 1861 Offences Against the Person Act, which criminalised all abortions. The law states that anyone who provided or used a poison or instrument to end a pregnancy "shall be guilty of a misdemeanour" and, if convicted, could be imprisoned.

Senior MPs and women's rights groups are among those calling for urgent change. Caroline Nokes, the Conservative chair of the Commons Women and Equalities Committee, said that parliament should look at the issue "in detail". Nokes commented that the case "throws into stark relief that we are reliant on legislation that is very, very out of date". Dame Diana Johnson, chair of the Commons Home Affairs Committee, agreed, stating that society and healthcare have "moved on" since the existing abortion laws were put in place. She added that "there's no other country in the world, as I understand it, that would criminalise a woman in this way".

Labour MP Stella Creasy compared the mother's sentence to the average sentence for a violent offence of 18 months, saying: "A woman who had an abortion without following correct procedures just got 28 months under an 1868 act – we need urgent reform to make safe access for all women in England, Scotland and Wales a human right."

In 2024, a cross-party group of MPs put forward amendments to the current abortion law in England and Wales to decriminalise abortion up to 24 weeks. One amendment proposed that abortion be entirely decriminalised for women, whereby the 24-week limit and the requirement for approval by two doctors would remain, but if the time limit is not kept to, the woman would not be prosecuted. A different amendment proposed decriminalising abortion up to 24 weeks by making it an automatic right for women and allowing it to be carried out and authorised by an approved clinician if a woman requests it.

Campaigners want abortion decriminalised so it is a healthcare matter, rather than a legal one. They argue that abortion is a safe and common form of healthcare and should be regulated in the same way as any other comparable form of healthcare. They also point out that there is no evidence to show that the decriminalisation of abortion increases the number of abortions requested or performed.

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