What Is the Law on Abortion in the UK?
Abortion laws vary from country to country. In the United Kingdom, abortion law is mostly based upon the Abortion Act of 1967, which definitively laid out time restrictions and medical justifications for performing the procedure. However, abortion law is still controversial, with some members of the Conservative party favoring a cut in the amount of time a pregnant woman can elect to have an abortion.
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History
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Before the Reformation, abortion cases in Britain were dealt with by the Catholic Church's Ecclesiastical Courts. Following the Reformation, however, abortion policy was defined by the Ellensborough Act, which held that abortion was punishable either by death or by exile to a penal colony. The Offences Against the Person Act of 1837 later eliminated the death penalty for such cases, and the Offences Against the Person Act of 1861 made exile an unacceptable sentence. However, abortion was still illegal, and many women procured abortions under difficult circumstances---either by inducing abortion with drugs, strenuous activity or falling down stairs, or by visiting dangerous "back alley" abortion doctors whose procedures often ended with the death of the woman.
In 1938, the Bourne Ruling provided exceptions to the criminality of abortion in cases where women faced mental or physical damage from the pregnancy. But it was the Abortion Act of 1967 that provided women with the ability to seek abortions if two different doctors referred her for such a procedure (or only one in a medical emergency).
Time Frame For UK Abortions
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In the United Kingdom, abortions are legal if carried out when (or before) the woman is 24 weeks pregnant. This is the generally accepted threshold for fetal viability; that is, after 24 weeks, a fetus is considered able to survive outside the womb if given proper medical attention.
However, this time limit is only applicable if the situation is not a medical emergency. If such an emergency occurs, and time is of the essence in order to save the woman's life, abortions may be performed at any time during the pregnancy. There is also no time limit applicable if two different doctors decide that the woman's health is in grave danger if she continues with the pregnancy or that the fetus is likely to be born with severe physical or mental disabilities. -
Reasons For Termination
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A woman may seek an abortion if her life is in danger, if she faces any injury to her mental or physical health by continuing the pregnancy, if her existing children face mental or physical harm in the event of a new sibling's birth or if the child resulting from the pregnancy is likely to be born with severe physical or mental deformities.
The interpretation of these laws is left up to individual physicians. Some physicians will only authorize abortions if they determine that the woman will be physically damaged if she bears a child; others consider mental health injury to be open-ended and will refer any woman for abortion who requests one. Some physicians, who claim to be "conscientious objectors" to abortion, will refuse to refer any patient for abortion services. However, such "objectors" must make their objections clear in advance and must endeavor to make alternative arrangements for patients through other doctors or services.
Northern Ireland
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Northern Ireland is a special case. When the Abortion Act of 1967 was passed, Northern Ireland had its own parliament and, thus, had the freedom to decide for itself which laws it would adopt. When Northern Ireland was placed under Direct Rule, the Abortion Law was never extended to include Northern Ireland. Thus, in Northern Ireland, abortion law is dictated by the 1861 Offences Against the Person Act and the Bourne Ruling.
As a result, abortion in Northern Ireland is illegal except in cases where pregnancy endangers the life of the woman or in cases where the mental or physical health of the woman will be seriously threatened. Many women travel from Northern Ireland to England or Scotland in order to have safe, legal abortions.
Future of UK Abortion
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Since the the Abortion Act was passed in 1967, some have attempted to limit or change UK abortion law. Right-to-life groups, with the support of members of the Conservative Party, have lobbied for a reduction in the time frame during which abortions are permitted. Reductions to 12, 16, 20 and 22 weeks have all been proposed. However, Britons seem split on the issue, with 47 percent of women in 2006 favoring a reduction in the permissible time frame but only 10 percent favoring an actual ban on the practice.
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