Brook's position on abortion

The availability of legal and safe abortion is one of Brook’s core values.

Brook believes it is every woman's right to choose an abortion. Women should have access to impartial information and support in order to make an informed choice about their pregnancy.

Brook was a founding member of Voice for Choice campaign which is committed to ensuring that:

  • Abortion is available solely at the request of the pregnant woman within existing legal time limits.
  • Abortion services are subject to the same statutory regulations as other medical services
  • Suitably trained nurse practitioners are allowed to carry out early medical and surgical abortions, in both the NHS and non-NHS sector
  • The law in Northern Ireland is brought into line with the rest of the UK.

The role of Brook Centres

Brook Centres provide impartial information, counselling and support to young pregnant women (and their partners) to help them make an informed choice about their options.

Brook Centres can refer women to the NHS for a termination of pregnancy if that is the woman's choice, in the same way that GPs and family planning clinics do.

Only 7% of clients visiting Brook during 2004/05 were pregnant. Of these, 52% opted for a termination of pregnancy at their first visit and a further 34% were undecided about what to do at that stage.

The law

Two Acts of Parliament, the Abortion Act 1967 and the Human Fertilisation and Embryology Act 1990 regulate the provision of abortion in Great Britain.

The Abortion Act and its regulations require that two doctors must agree to an abortion and that it must be carried out by a registered practitioner in a NHS hospital or a location that has been approved by the Department of Health. The Abortion Act gives medical staff the legal right not to participate in abortions if they have a conscientious objection to the treatment. Section 37 of The Human Fertilisation and Embryology Act governs the time limits for abortion. Taken together the two Acts provide that abortion is legal on the following grounds:

a) the continuance of the pregnancy would involve risk to the life of the pregnant woman greater than if the pregnancy were terminated

b) the termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant women

c) the pregnancy has not exceeded 24 weeks and the continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the pregnant woman

d) the pregnancy has not exceeded 24 weeks and 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

e) there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped.

There is no time limit on grounds a), b) and e). The Abortion Act and Section 37 of the Human Fertilisation and Embryology Act do not apply to Northern Ireland.

In Jersey, the legal framework is set by the Termination of Pregnancy (Jersey) Law 1997 which allows for abortion if two doctors agree that one of the following applies:

a) the woman is no more than 12 weeks pregnant and her condition causes her distress

b) the woman is no more than 24 weeks pregnant and the foetus is suffering from a severe incurable abnormality which would cause it to be born with the expectation of an exceedingly poor quality of life

c) a termination is necessary to save the woman's life or to prevent grave permanent injury to her physical or mental health.

Issues

There are wide variations in access to abortion services across the country. A survey by Voice for Choice found that the percentage of abortions performed or funded by the NHS in England in 2002 varied between primary care trusts from 46% to 96%.

There are also wide variations in the waiting times for abortion. In some parts of the country the same survey found women waiting more than 5 weeks to get a hospital appointment. Long waiting times can be a particular problem for younger women who may have delayed seeking help because of fears about confidentiality and the disapproval of parents and professionals.

Current statistics

The majority of abortions are performed under 13 weeks of pregnancy. The latest available figures show that

  • In England and Wales 88% were carried out under 13 weeks
  • In Scotland 93% of terminations were carried out before the 14th week
  • In Jersey all abortions were carried out under 13 weeks

2% of terminations occurred after 20 weeks of pregnancy in England and Wales.

Abortion rates are highest amongst women under the age of 24.

  • In 2004 the rate of abortionswas 31.9 per thousand for women in the 18-19 and 20-24 age groups.
  • In Scotland the abortion rate per thousand 16-19 year olds was 22.4 and in 20-24 year olds it was 23.

Comparable figures were not available for Jersey.