Britain's Abortion Law: Understanding The Complexities

Abortion law in the UK has a long and complex history, with the first references to abortion in English law appearing in the 13th century. The law at the time followed Church teaching, which accepted abortion until 'quickening' – when movement is felt at 16-20 weeks and it was believed the soul entered the fetus. Abortion was decriminalised in Northern Ireland in October 2019, marking the first time it became legal across the whole of the UK.

In England, Scotland and Wales, abortions are available in the first 24 weeks of pregnancy. After this point, they are only allowed if the mother's life is at risk, there is a severe fetal abnormality, or the woman is at risk of grave physical and mental injury.

The Abortion Act 1967 sought to clarify the law in Britain, allowing legal abortion on a number of grounds, with the added protection of free provision through the National Health Service. The Act was passed on 27 October 1967 and came into effect on 27 April 1968.

Abortion law in Northern Ireland

The Northern Ireland (Executive Formation etc) Act 2019 played a crucial role in these reforms. Under a private member's amendment introduced by Stella Creasy MP, the Act mandated the Secretary of State for Northern Ireland to implement recommendations regarding abortion made by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW). This reflected a recognition of the need to align Northern Ireland's abortion laws with international human rights standards.

Subsequently, the Abortion (Northern Ireland) Regulations 2020 were introduced, outlining the circumstances under which abortion would be permitted in the region. These regulations allowed for abortion in the following situations:

• When the pregnancy has not exceeded 12 weeks.
• When there is a risk of injury to the physical or mental health of the pregnant woman, with a term limit of 24 weeks.
• When there is a risk to life or a risk of grave permanent injury to the physical or mental health of the pregnant woman.
• In cases of severe foetal impairment or a fatal foetal abnormality, with no term limit.

It is important to note that these regulations were replaced by the Abortion (Northern Ireland) (No. 2) Regulations 2020, which came into force on 14 May 2020, with minor corrections to the initial regulations.

While these changes represent a significant shift in Northern Ireland's abortion laws, it is worth noting that the process of establishing commissioned abortion services in the region has faced delays. As of 2022, Amnesty International UK highlighted the urgent need for the establishment of abortion services to respect and protect the rights and choices of women, girls, and individuals who can become pregnant.

The 1967 Abortion Act

The 1967 Act states that an abortion is legal if performed by a registered medical practitioner (a doctor) and authorised by two doctors, acting in good faith, on one or more of the following grounds:

• The pregnancy has not exceeded 24 weeks, and its continuation would pose a greater risk of injury to the physical or mental health of the pregnant woman or her existing children.
• The termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman.
• The continuation of the pregnancy would pose a risk to the life of the pregnant woman, greater than if it were terminated.
• There is a substantial risk that the child, if born, would suffer from physical or mental abnormalities and be seriously handicapped.

The Act does not apply to Northern Ireland, where abortion law is governed by the Bourne Decision. The Act has been unsuccessfully challenged several times by anti-choice organisations aiming to restrict access to abortion.

The Offences Against the Person Act 1861

The Act made it a criminal offence to procure a miscarriage, with a sentence of life imprisonment. This was amended in 1945, when an exception was added to allow abortion to preserve the mother's life. However, this did not include cases of rape, incest, or fatal foetal abnormality.

In Northern Ireland, the 1861 Act was the basis for a ban on abortion until 2019, when it was amended by the Northern Ireland (Executive Formation etc.) Act 2019. Sections 58 and 59, which dealt with abortion, were repealed and replaced by regulations permitting abortion under certain conditions.

In England and Wales, Sections 58 and 59 continue to apply, alongside the Infant Life (Preservation) Act 1929, which created a separate legal protection after 28 weeks of gestation through the offence of child destruction. The Abortion Act 1967 recognised "the law relating to abortion" as these sections of the 1861 Act but provided exceptions under which abortion could be authorised by registered medical practitioners. This Act initially allowed abortions up to 28 weeks but was amended in 1990 to reduce the term limit to 24 weeks.

The Infant Life (Preservation) Act 1929

Abortion laws in the UK have gone through a series of changes over the years. The Infant Life (Preservation) Act 1929 was enacted to address the rising number of unsafe, illegal abortions that were damaging women's health or causing their deaths. The Act created a new offence called "child destruction", which was defined as causing the death of a "child capable of being born alive" before it could survive independently of its mother. This Act carried a penalty of life imprisonment.

The Act had three sections, with the most significant legal changes contained in the first section. This Act was later superseded by the Abortion Act 1967, which explicitly stated that abortions performed under its terms were not offences under the 1929 Act. The 1967 Act legalised abortion under specific circumstances and set out regulations for its conduct.

The Human Fertilisation and Embryology Act 1990

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