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Abortion Laws

Abortion Law in the UK


Abortion law differs across England, Wales, Scotland and Northern Ireland.


In England, Wales and Scotland, most abortions continue to be provided under the Abortion Act 1967. Northern Ireland has a separate legal framework introduced in 2020.


Abortion is a regulated healthcare service. Anyone considering an abortion should contact an NHS service, GP, sexual health service or approved abortion provider for confidential medical advice.


The Abortion Act 1967


The Abortion Act 1967 created a legal framework under which registered medical practitioners can provide abortions where specified legal grounds are met.


The Act applies in England, Wales and Scotland but not in Northern Ireland.


For most abortions under the Act, two registered medical practitioners must form an opinion in good faith that at least one of the statutory grounds applies.


The doctors do not have to believe that the pregnant woman is experiencing a mental health crisis. They must consider the medical and social circumstances and decide whether the legal test is satisfied.


Abortions Up to 24 Weeks


An abortion may normally be authorised before the end of the 24th week of pregnancy where continuing the pregnancy would involve a greater risk to the physical or mental health of the pregnant woman, or any existing children of her family, than ending it.


When assessing this ground, doctors may consider the woman's actual or reasonably foreseeable circumstances.


In practice, this is the legal ground used for most abortions in England, Wales and Scotland.


Abortions After 24 Weeks


An abortion may lawfully take place after 24 weeks where the relevant legal conditions are met.


These include cases where:



  • the termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman;

  • continuing the pregnancy would involve a greater risk to the woman's life than ending it; or

  • there is a substantial risk that, if born, the child would have serious physical or mental abnormalities.


Later abortions are uncommon and normally involve serious and complex medical circumstances.


Emergency Treatment


In an emergency, a doctor may provide treatment immediately where it is necessary to save the pregnant woman's life or prevent grave permanent injury.


The ordinary requirement for prior agreement by two doctors does not apply in the same way where urgent action is necessary.


Changes to Criminal Liability in 2026


The Crime and Policing Act 2026 changed the criminal law in England and Wales.


A woman is no longer criminally liable under the historic abortion offences for acting in relation to her own pregnancy, regardless of the stage of pregnancy.


This reform removed the possibility of prosecuting a woman under the relevant provisions of the Offences Against the Person Act 1861 and the Infant Life (Preservation) Act 1929 for ending her own pregnancy.


The reform did not abolish the regulated abortion framework for doctors, clinics or other third parties.


It may still be a criminal offence for another person to:



  • administer abortion medication unlawfully;

  • perform an abortion outside the legal framework;

  • procure or supply drugs unlawfully;

  • assault or harm a pregnant woman;

  • coerce someone into an abortion; or

  • provide unregulated medical treatment.


Abortion Medication


An early medical abortion normally involves two medicines, mifepristone and misoprostol.


In England and Wales, eligible patients may obtain medication following an approved consultation, which can include a remote consultation.


Both medicines may be taken at home where:



  • the legal grounds for abortion are certified;

  • a registered medical practitioner considers in good faith that the pregnancy will not exceed 10 weeks when the medication is taken; and

  • the treatment is provided through an approved service.


Similar home-use arrangements operate in Scotland, subject to the applicable Scottish approvals and clinical procedures.


Do Not Buy Abortion Pills From Unregulated Sellers


Medication obtained from unregulated websites or informal suppliers may be counterfeit, incorrectly dosed or medically unsuitable.


Using an approved NHS or regulated provider ensures that:



  • the stage of pregnancy is assessed;

  • ectopic pregnancy and other risks are considered;

  • the correct medication and instructions are supplied;

  • safeguarding concerns can be addressed;

  • emergency advice is available; and

  • follow-up care can be provided.


Urgent medical help should be sought following severe pain, very heavy bleeding, collapse, breathing difficulties or other serious symptoms.


Consent to an Abortion


An abortion cannot lawfully be carried out without the pregnant person's valid consent, except in limited circumstances involving a person who lacks capacity and where treatment is authorised under the applicable law.


A husband, partner, former partner or parent does not have a legal right to veto an abortion where the patient has capacity to make the decision.


Consent must be voluntary and based on sufficient information about:



  • the available procedures;

  • material risks;

  • reasonable alternatives;

  • what to expect during and after treatment; and

  • available support.


Patients Under 16


A patient under 16 may consent to an abortion without parental permission where the healthcare professionals consider that the young person has sufficient maturity and understanding to make the decision.


This is often described as Gillick competence.


Healthcare professionals will usually encourage a young person to involve a parent, guardian or another trusted adult where it is safe to do so, but parental consent is not automatically required.


The provider must also consider safeguarding concerns, including:



  • the young person’s age;

  • the age and identity of the other person involved;

  • coercion or exploitation;

  • sexual abuse;

  • trafficking;

  • domestic abuse; and

  • whether the young person is safe at home.


Confidentiality may be overridden where disclosure is necessary to protect the young person or another person from serious harm.


Patients Aged 16 and 17


People aged 16 and 17 are generally presumed capable of consenting to their own medical treatment.


They do not normally require parental consent for an abortion, although safeguarding and capacity must still be considered.


Can Someone Be Forced to Have an Abortion?


No person should be pressured, threatened or forced into ending or continuing a pregnancy.


Coercion may involve:



  • physical violence;

  • threats;

  • financial pressure;

  • withholding accommodation or support;

  • controlling access to healthcare;

  • taking away medication or documents; or

  • pressure from a partner, relative or another person.


Anyone experiencing coercion should tell the healthcare provider privately. The police, domestic abuse services, or a solicitor may also be able to provide protection.


Confidentiality


Abortion services are confidential.


Healthcare information should not normally be disclosed to a partner, parent, employer or other person without the patient's consent.


Disclosure may be lawful where:



  • the patient consents;

  • it is necessary for continuing care;

  • there is a serious safeguarding risk;

  • there is a legal requirement; or

  • disclosure is justified in the public interest.


Conscientious Objection


The Abortion Act permits certain healthcare professionals to object to participating directly in abortion treatment because of conscience.


This right is limited and does not generally allow a professional to:



  • refuse emergency treatment necessary to save life or prevent grave permanent injury;

  • obstruct access to care;

  • harass or discriminate against a patient;

  • refuse ordinary administrative or supportive duties unrelated to direct participation; or

  • withhold information needed to access another provider.


Safe Access Zones


Since 31 October 2024, a safe access zone has extended 150 metres around every clinic or hospital providing abortion services in England and Wales.


Within the zone, it is a criminal offence intentionally or recklessly to:



  • influence a person's decision to access abortion services;

  • obstruct access to the premises; or

  • cause harassment, alarm or distress to a person using or working at the service.


The rules apply to conduct including threatening behaviour, persistent approaches, displaying material, recording patients or obstructing entrances where the legal test is met.


Scotland and Northern Ireland have their own legislation protecting access to abortion services.


Abortion Law in Northern Ireland


Northern Ireland no longer operates under the position described in the original article.


Under the current Northern Ireland framework, abortion is available:



  • without the need to establish a particular medical ground during the first 12 weeks of pregnancy;

  • up to 24 weeks where continuing the pregnancy presents a greater risk to the physical or mental health of the pregnant woman or girl than termination;

  • without a gestational limit where there is a risk to life or a need to prevent grave permanent injury; and

  • without a gestational limit in qualifying cases involving severe fetal impairment or fatal fetal abnormality.


Abortions in Northern Ireland are provided through Health and Social Care Trust services and are free for people ordinarily resident there.


Abortion Law in Scotland


The Abortion Act 1967 continues to apply in Scotland, although healthcare delivery and approvals are the responsibility of the Scottish Government and NHS Scotland.


The general legal grounds and the usual 24-week limit are broadly the same as in England and Wales.


Scotland also has separate safe access zone legislation protecting people entering abortion clinics.


Abortion and Disability


The Abortion Act permits abortion after 24 weeks where two doctors form the required opinion that there is a substantial risk of serious physical or mental abnormality if the child were born.


This area is legally and ethically sensitive. Decisions should be based on individual clinical circumstances, appropriate specialist advice and the wishes of the pregnant patient.


Accessing an Abortion


A person seeking an abortion can normally contact:



  • their GP;

  • an NHS sexual health service;

  • an NHS abortion service;

  • an approved independent provider; or

  • the relevant Health and Social Care Trust in Northern Ireland.


It is not always necessary to obtain a GP referral.


The service will usually arrange:



  • a consultation;

  • assessment of the pregnancy;

  • discussion of treatment options;

  • screening and safeguarding checks;

  • consent;

  • treatment; and

  • aftercare and contraception advice.


Is Counselling Compulsory?


Counselling is not generally compulsory before an abortion.


Patients should receive accurate and impartial information and may request counselling or emotional support.


Care should be taken when approaching organisations that do not provide regulated abortion services, as some may offer advice intended to discourage abortion rather than provide balanced medical information.


Complaints About Abortion Services


A patient who is concerned about treatment may complain to:



  • the clinic or hospital;

  • the relevant NHS organisation;

  • the Care Quality Commission in England;

  • Healthcare Inspectorate Wales;

  • Healthcare Improvement Scotland;

  • the relevant Northern Ireland health body; or

  • the professional regulator responsible for the practitioner.


A complaint is separate from any clinical negligence claim. Strict legal time limits may apply to compensation claims.


When Legal Advice May Be Required


Legal advice may be relevant where:



  • treatment was provided without valid consent;

  • negligent treatment caused injury;

  • confidential information was disclosed unlawfully;

  • a person was coerced or threatened;

  • access to a clinic was obstructed;

  • there are safeguarding concerns;

  • a healthcare professional faces employment or regulatory proceedings;

  • there is disagreement about the capacity of a patient; or

  • criminal allegations involve another person's conduct.


Finding a Solicitor


Abortion law is a specialised area involving healthcare regulation, consent, confidentiality, safeguarding and, in some cases, criminal or clinical negligence law.


Use the search facility at the top of this page to find a solicitor experienced in the relevant area of law.


Disclaimer


Solicitors.com is not a firm of solicitors. This information provides general guidance about abortion law in the United Kingdom and does not constitute legal or medical advice. The law and clinical procedures differ between UK nations and can change. Anyone requiring treatment should contact an approved healthcare provider.


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