Abortion in the United Kingdom
Abortion in the United Kingdom is de facto available under the terms of the Abortion Act 1967 in Great Britain and the Abortion (Northern Ireland) (No.2) Regulations 2020 in Northern Ireland. The procurement of an abortion remains a criminal offence in Great Britain under the Offences Against the Person Act 1861, although the Abortion Act provides a legal defence for both the pregnant woman and her doctor in certain cases. Although a number of abortions did take place before the 1967 Act, there have been around 10 million abortions in the United Kingdom.[1] Around 200,000 abortions are carried out in England and Wales each year and just under 14,000 in Scotland; the most common reason cited under the ICD-10 classification system for around 98% of all abortions is "risk to woman's mental health."[2]
Across the United Kingdom, abortion is permitted on the grounds of:
The third ground is typically interpreted liberally with regards to mental health to create a de facto elective abortion service; 98% of the approximately quarter-million abortions performed in Great Britain are done so for that reason.[2][4]
In Northern Ireland, abortion is also permitted within the first 12 weeks of a pregnancy for any reason.[5]
Under the UK's devolution settlements, abortion policy is devolved to the Scottish Parliament and the Northern Ireland Assembly but not to the Welsh Parliament (Senedd). Abortion was previously highly restricted in Northern Ireland although it was permitted in limited cases. In 2019, during a time when the Assembly was not operating, the UK Parliament repealed most restrictions on abortion in Northern Ireland; the current Regulations were subsequently introduced by Parliament in 2020.[5][6][7][8]
Abortions which are carried out for grounds outside those permitted in law (e.g. in most cases after the 24-week term limit, or where appropriate consent has not been given) continue to be unlawful in each jurisdiction of the UK – under the Offences against the Person Act 1861 in England and Wales, Scottish common law, and the Northern Ireland Regulations. The Infant Life (Preservation) Act 1929 and the Criminal Justice Act (Northern Ireland) 1945 also outlaw child destruction in cases outside the grounds permitted in abortion law. Proposals to fully decriminalise abortion in Great Britain have occurred in 2024.[9]
Political party approaches[edit]
Abortion, as with other sensitive issues, is regarded as a matter of conscience within the main political parties in Great Britain. Conservative, Labour, Liberal Democrat and Scottish National Party representatives, for example, considered and individually decided to vote for or against several proposed changes in the term limit in 2008.[107]
In Northern Ireland, for the Social Democratic and Labour Party (SDLP), the Ulster Unionist Party (UUP), and the Alliance Party, abortion is also a matter of conscience, in line with the approach at Westminster. The SDLP previously advocated an anti-abortion formal party position, including opposition to the extension of the Abortion Act 1967 to Northern Ireland;[108] this was changed by the party's membership to a conscience approach in May 2018.[109]
The Democratic Unionist Party and Traditional Unionist Voice supported the pre-2019 law on abortion and opposed the legislative changes introduced in 2020 through the Northern Ireland (Executive Formation) Act.[110][111] DUP MLA Paul Givan introduced the Severe Fetal Impairment Abortion (Amendment) Bill in February 2021, which sought to remove the ground for an abortion in cases of a severe disability in the unborn child (e.g. Down's Syndrome), which was supported by several representatives from other political parties on grounds of conscience.
Sinn Féin policy, as approved by its annual conference in June 2018, is for abortion to be available "where a woman's life, [physical] health or mental health is at risk and in cases of fatal foetal abnormality" and "without specific indication ... through a GP led service in a clinical context as determined by law and licensing practice for a limited gestational period".[112] The party previously held a more conservative position, for example in 2007 opposing the extension of the 1967 Act and preferring an approach to crisis pregnancy which involved comprehensive sex education, full access to affordable childcare, and comprehensive support services including include financial support for single parents.[113]
Following the policy decisions in 2018 by Sinn Féin and the SDLP, a new political party - Aontú - was formed with a policy of opposing abortion and upholding "the right to life of everyone irrespective of age, gender, race, creed, abilities or stage of development." Aontú has advocated for a "humane and compassionate response" to unwanted pregnancies, including economic support to take mothers out of poverty, pain relief being provided for the unborn child after 20 weeks of gestation, medical care for children who are born after an abortion procedure, and a legislative ban on abortion in cases of disability and gender selection.[114]
The Green Party in Northern Ireland and People Before Profit support the full decriminalisation of abortion (i.e. that it should be made available for any reason).[115][116]
Campaign groups[edit]
Prominent campaign groups which are supportive of a conservative policy include Both Lives Matter, Christian Action Research and Education (CARE), Evangelical Alliance, Life, Society for the Protection of Unborn Children (SPUC) and the UK Life League. Campaigning organisations in support of a liberal policy include Amnesty International, the British Pregnancy Advisory Service (BPAS), the Family Planning Association (FPA), Marie Stopes, MSI Reproductive Choices, and Humanists UK.
Abortion policy in Northern Ireland was the subject of intense discussion and campaigning in the decade leading up to changes in the law in 2019 and 2020. The issue is debated less frequently in Great Britain, where the law was last substantially changed in 1990.
Abortions in the UK over time
Percentage of conceptions leading to abortion in the UK
Live births + abortions in the UK
Abortions in England and Wales over time
Percentage of conceptions leading to abortion in age groups in England and Wales
Abortions by age group in England and Wales
Percentage of conceptions leading to an abortion over time in England and Wales
Crisis pregnancy advice centres[edit]
The BBC Panorama team investigated crisis pregnancy advice centres and found over a third gave misleading medical information or unethical advice, or both. Panorama looked into 57 crisis pregnancy advice centres advertising, of these 34 sent users to the NHS website or regulated abortion providers. Roughly 21 centres gave misleading medical information and/or unethical advice. 7 centres suggested falsely abortion could cause mental health problems, 8 centres suggested falsely abortion could cause infertility, and 5 centres suggested falsely abortion could cause increased risk of breast cancer. Leading obstetrician Dr Jonathan Lord stated "There is no increased risk of serious mental illness, infertility, or breast cancer after an abortion. These centres are set up to target women who are struggling with their decision, and then give them false advice to try to sway them away from an abortion. They risk causing significant harm and damage to those especially-vulnerable patients." Jo Holmes, of the British Association for Counselling and Psychotherapy, stated the centre made biased and judgemental claims. "Counselling is about being able to explore what you're feeling in a safe place with no judgements, but any woman who went into a session like this would come out deeply traumatised."[184]
Abortions in Prisons[edit]
The HMPPS policy (covering England and Wales) for women who wish to get an abortion while incarcerated includes that prisons are required to ensure timely access to termination support services for women requiring them. This policy also states that following a termination women must be allowed to rest, or in the case of a medical termination, pass the pregnancy in privacy.[203]
In practice, it is difficult to determine how easily women are able to access abortion or what support women are given in relation to decisions to terminate a pregnancy.[204] There is little research in this area.
A Freedom of Information Request to the Department of Health and Social Care (FOI-11107442) in 2017 asking how many women who reside in prison obtained abortions over the period 2006 to 2016 showed that, on average, 30 women access abortion while in prison each year[205]