Abortion in England - where women could still face prison

Campaigners and providers have reiterated calls for change to UK law following the contentious resurrection of abortion bans in America.

However, following The Northern Echo's analysis of rising abortion rates across the region, the Government confirmed it has no plans to review or change abortion laws here.

In England, Scotland and Wales, women can legally terminate a pregnancy up to 23 weeks and six days gestation under the 1967 Abortion Act.

Read more: Abortion rates rise in the North East

In limited circumstances, abortions can be carried out after 24 weeks – for example, if the woman’s life is at risk or if a baby would be born with a severe disability.

But under that law, no abortion can legally go ahead without the approval of two doctors, who must verify that the strict requirements of the Act are met.

Providers must ask women why they want an abortion and it can only be permitted in limited circumstances.

Current law states abortion is only legal if carried out in approved premises and justified on at least one of these seven grounds:

1. That the continuance of the pregnancy would involve risk to the life of the woman greater than if the pregnancy was terminated
2. That it is necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman
3. That the pregnancy has not exceeded its 24th week and that the continuance would involve risk greater than if the pregnancy were terminated, of injury to the physical or mental health of the pregnant woman.
4. That the pregnancy has NOT exceeded its 24th week and that the continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of any existing child(ren) of the family of the pregnant woman.
5. That there is substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped.
6. To save the life of the pregnant woman.
7. To prevent grave permanent injury to the physical or mental health of the pregnant woman.

In 2021, most terminations – 98% - were performed under Ground C, the majority carried out because of a risk to the woman’s mental health.

Nearly nine in ten abortions across the country were performed at under 10 weeks gestation.

Recent changes mean women can now take abortion pills at home, which was outlawed until the onset of the coronavirus pandemic.

Campaigners have called for further changes to prevent the potential criminalisation of some women who seek abortion.

Read more: 'I thought I'd be damned to hell' - one woman's abortion story

MSI Reproductive Choices – formerly Marie Stopes International – is one of the organisations calling for a review of the law.

Its UK medical director, Jonathan Lord, said the strict parameters of the Abortion Act and the need for the approval of two doctors can “cause delays in treatment and prolong what can be a difficult time for women”.

She added: “It also stigmatises abortion care as the law means it is not the woman who decides whether an abortion is in her best interests, but two doctors.  

“Whilst in 1967 medicine was very paternalistic, for example a woman would often need to get the consent of her husband if she wanted to take the contraceptive pill, thankfully in every other area of healthcare patients are now given autonomy to make decisions about their own bodies.

“At MSI, we believe that abortion should be regulated in the same way as all other healthcare, with decisions being reached through discussion between the woman and her doctor.”

The Government has no plans to review or change abortion laws and has a duty to see that the provisions of the Abortion Act are properly applied until or unless Parliament does choose to further amend it.

For support and advice, visit msichoices.org.uk or bpas.org.