Abortion

This section provides information on the abortion laws in England, Wales and Sctoland, Northern Ireland and Jersey.

England, Wales and Scotland

Two Acts of Parliament, the Abortion Act 1967 and the Human Fertilisation and Embryology Act 1990, regulate the provision of abortion in England, Wales and Scotland.

The Abortion Act requires that two doctors must agree to an abortion and that it must be carried out by a registered practitioner in an 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 moral 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:

1. the continuance of the pregnancy would involve risk to the life of the pregnant woman greater than if the pregnancy were terminated.
2. the termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman.
3. 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.
4. 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.
5. 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 1), 2) and 5).

Doctors who have a strong moral objection to abortion are not required to be involved. However, the British Medical Association and the Department of Health have ruled that such doctors should make arrangements for their patients to see another doctor who is willing to advise about abortion.

If a young woman under 16 is considered competent to consent to her own medical treatment, she can consent to an abortion. However, she would usually be encouraged to involve her parents or another trusted adult.

A potential father has no legal rights over a foetus. The decision to terminate a pregnancy is made between the woman and her doctor.

Northern Ireland

The Abortion Act and Section 37 of the Human Fertilisation and Embryology Act do not apply to Northern Ireland. Abortion is illegal in Northern Ireland except for in rare, extreme circumstances.

Jersey

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:

• the woman is no more than 12 weeks pregnant and her condition causes her distress.
• the woman is no more than 24 weeks pregnant and 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.
• a termination is necessary to save the woman's life or to prevent grave permanent injury to her physical or mental health.