Abortion time limits
A briefing paper from the BMA
Part four - some current proposals for law reform
Repeal of the Abortion Act
Given the range of views on abortion within society it is not surprising that a very wide range of different proposals for law reform have been suggested, including complete repeal of the existing legislation. The Pro-life Alliance’s manifesto, for example, states its commitment to campaigning for the repeal of the Abortion Act 1967 so that all abortion is outlawed except 'when the baby’s death is brought about indirectly, for example, as a side-effect of medical treatment for the mother'. [Go to reference 117] Others have argued for the complete deregulation of abortion [Go to reference 118] and for abortion to be subject to no more legal constraints than any other clinical procedure.[Go to reference 119]
Reforming the existing legal framework
Suggestions have also been put forward for retaining the overall framework of the legislation but amending the current time limits or restrictions. Some of these proposals are briefly summarised below. The BMA has long supported the extension of the Abortion Act to Northern Ireland and, in 1989 supported the 24 week limit for abortion in all but the most extreme cases but, with those exceptions, the Association has not expressed a view on these proposals for reforming the existing legal framework.
Abortion on request up to 14 weeks’ gestation
Organisations such as Voice for Choice, a coalition of groups calling for reform of the Abortion Act, have campaigned for women to be allowed to decide for themselves whether to continue an unwanted pregnancy. Among the amendments called for is abortion on request up to and including 14 weeks of pregnancy. [Go to reference 120] Under this proposal, abortion would be seen as the same as other reproductive medicine services available on request, with consent, and without the need for the 'approval' of doctors.
Provisions to improve access to early abortions
Some women report delays in obtaining access to abortion once they have opted to terminate their pregnancy. A number of proposals have been made to improve provision and access to early abortions and to make them easier and more accessible to women; some of these would require changes to the legislation. The FPA has suggested, for example, that waiting times could be cut by allowing nurses to perform early abortions. [Go to reference 121] Currently only registered medical practitioners may perform abortions although some parts of the procedure can be delegated. The FPA has also called for early abortions to be available in a wider range of settings, including GP surgeries and for women to be offered a choice of methods and procedures. [Go to reference 122] They, and BPAS, [Go to reference 123] also argue that women should be permitted to have early medical abortions at home if that is their choice.
Easier access to abortion up to the legal limit of 24 weeks
Among the proposals for law reform put forward by Voice for Choice is the suggestion that abortions from 15 to 24 weeks should be available with the approval of only one doctor.
Reducing the upper limit
In the summer of 2004 a series of events led to public debate about whether the upper limit of 24 weeks for most abortions was still appropriate. Some suggestions were made that the scientific and medical information should be reassessed to determine whether medical advances since 1990 had led to a reduction in the gestational age at which babies could be considered viable and, in the light of that, whether a reduction to 22 weeks might be appropriate [Go to reference 124] (read more here on fetal viability). Michael Howard, the leader of the Conservative Party, has called for the limit to be reduced to 20 weeks. [Go to reference 125]
Restricting the definition of 'serious handicap'
There have been calls for the legislation to be clearer about what 'serious handicap' means and how it should be interpreted in practice. It has been argued by some that this phrase has been interpreted too broadly and access to abortion on this ground needs to be restricted. [Go to reference 126]