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Wales Online
Wales Online
National
Ria Tesia

UK abortion law - What the law states and is it at risk in the UK?

The recent ruling on abortion law in the US has reignited the debate surrounding abortion legality across the world.

Abortion is legal in the UK through the Abortion Act 1967. The act made abortions legal as long as certain criteria are met.

Most abortions in England, Wales and Scotland are carried out before 24 weeks of pregnancy. However, an abortion can be carried out after 24 weeks in very limited circumstances and with the permission of two doctors.

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For example, if the mother's life is at risk or if the child would be born with a severe disability, then these would constitute grounds for an abortion to be sought.

In 2019 abortion was also decriminalised in Northern Ireland. Women can now receive an abortion up to 12 weeks into their pregnancy.

Does UK law give a woman a right to an abortion?

Professor Fiona de Londras appeared on BBC Woman's hour to explain how UK law deals with abortions. She said: "Under the Abortion Act of 1967 which is what applies to most of the UK, there is no right to abortion.

"Instead, abortion is a crime. And what the act does, it outlines the situations in which somebody may avail of abortion or provide an abortion without committing a criminal offence.

"In Northern Ireland, it's a little bit different. Abortion has been decriminalised in recent years but in fact, there is almost no access to abortion in Northern Ireland because the services have not been commissioned.”

Speaking about doctors' responsibility and duty of care to those seeking an abortion, de Londras added: "The Abortion Act imposes lots of burdens and procedural requirements on doctors in order to prove that they are not committing a crime. So two doctors, having to certify, for example, that this level of risk that is required by the law to access abortion up to 24 weeks exists."

In wake of Roe v Wade being overturned is abortion law at risk in the UK?

The fall of Roe v Wade - where a woman's right to end her pregnancy is now unprotected by the US constitution - now means most abortions are banned after 15 weeks of pregnancy. This landmark ruling in 1973 which enshrined protections for abortions, is no more.

The overturning of Roe v Wade means the topic of abortion rights has taken centre stage in political discourse, with several UK politicians weighing in with their opinions. Stella Creasy, Labour MP for Walthamstow has said she would table an amendment to the upcoming British Bill of Rights to enshrine women’s fundamental rights to abortion. She told The Guardian: “Most women in the UK do not realise abortion is not a right but there is only a law giving exemption from prosecution in certain circumstances. What the US teaches us, is that we cannot be complacent about entrenching those rights in law.”

Dominic Raab, deputy prime minister and Justice Secretary will not be backing the amendment, claiming the matter was already “settled in UK law” and that the amendment could lead to complications arising and abortion potentially being litigated in the courts.

The British Pregnancy Advisory Service say that should the law remain unchanged, “any woman who ends her pregnancy, from the moment a fertilised egg is implanted in the womb, without the permission of two doctors can face up to life imprisonment.” The NHS has more information on abortion including support groups to contact for impartial advice.

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