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Abortion has been legal in the UK since 1967. The Abortion Act permits abortion if two doctors agree that continuing the pregnancy would pose a greater risk to the physical or mental health of the woman than termination. Abortions are available up to 24 weeks and are provided free through the National Health Service. While consent from the spouse is not required, abortion is generally restricted to England, Wales and Scotland. Northern Ireland has different laws. Rates of abortion have been increasing in recent decades, especially among younger women. Contraceptive use is widespread but teenage pregnancy rates remain high.
Abortion has been legal in the UK since 1967. The Abortion Act permits abortion if two doctors agree that continuing the pregnancy would pose a greater risk to the physical or mental health of the woman than termination. Abortions are available up to 24 weeks and are provided free through the National Health Service. While consent from the spouse is not required, abortion is generally restricted to England, Wales and Scotland. Northern Ireland has different laws. Rates of abortion have been increasing in recent decades, especially among younger women. Contraceptive use is widespread but teenage pregnancy rates remain high.
Abortion has been legal in the UK since 1967. The Abortion Act permits abortion if two doctors agree that continuing the pregnancy would pose a greater risk to the physical or mental health of the woman than termination. Abortions are available up to 24 weeks and are provided free through the National Health Service. While consent from the spouse is not required, abortion is generally restricted to England, Wales and Scotland. Northern Ireland has different laws. Rates of abortion have been increasing in recent decades, especially among younger women. Contraceptive use is widespread but teenage pregnancy rates remain high.
United Kingdom of Great Britain and Nortern Ire!and Gro"nd# on $i% a&ortion i# 'ermitted: To save the life of the woman Yes To preserve physical health Yes To preserve mental health Yes Rape or incest No Foetal impairment Yes Economic or social reasons Yes Available on request No Additiona! re("irement#) Abortion is legal in England !ales and "cotland when two registered medical practitioners #only one in an emergency$ certify that the required medical grounds as set forth in the Abortion Act of %&'( have been met) The termination of pregnancy must be carried out #e*cept in an emergency$ in a National +ealth "ervice hospital or in a nursing home private hospital or other approved place) Abortion is legal during the first ,- wee.s of gestation) The consent of the spouse is not a prerequisite of the medical termination of pregnancy) The Abortion Act of %&'( does not apply in Northern /reland) 0overnment view on fertility level: "atisfactory 0overnment intervention concerning fertility level: No intervention 0overnment policy on contraceptive use: 1irect support provided 2ercentage of currently married women using modern contraception #aged %'3-& %&&4$: 5, 6 Total fertility rate #%&&73,888$: %)( Age3specific fertility rate #per %888 women aged %73%& %&&73,888$: ,& 0overnment has e*pressed particular concern about: 9orbidity and mortality resulting from induced abortion No :omplications of childbearing and childbirth No 9aternal mortality ratio #per %88888 live births %&&8$: National & 1eveloped countries ,( Female life e*pectancy at birth #%&&73,888$: (&)5 6 1ata refer to 0reat ;ritain) Source: 2opulation 2olicy 1ata ;an. maintained by the 2opulation 1ivision of the 1epartment of Economic and "ocial Affairs of the <nited Nations "ecretariat) For additional sources see list of references) %77 United Kingdom of Great Britain and Nortern Ire!and BACKGROUND <ntil %&'( abortion in the <nited =ingdom was governed by a combination of statute and court decision as interpreted by >urists #common law$) ;efore the nineteenth century there were no statutes relating to abortion and it was not considered a crime to .ill a child in the womb so long as it had not reached the stage of ?quic.ening@ the point in pregnancy when the movement of the foetus was felt) After that point during pregnancy the performance of an abortion was considered an offence although there were very few prosecutions) The first abortion statute was enacted in %584) /t provided for the death penalty for a person performing an abortion after quic.ening and a sentence of up to fourteen yearsA deportation or lashing with a whip for a person performing an abortion before quic.ening) Although the law was amended in %54( it was not until %5'% with the enactment of the Bffences against the 2erson Act that statutory abortion law achieved the form that it was to .eep for over %88 years) <nder the Bffences against the 2erson Act any person who with intent to procure the miscarriage of a woman unlawfully administered any no*ious thing or used any means was sub>ect to imprisonment for fourteen years) A pregnant woman who undertoo. the same act or consented to its performance was sub>ect to the same penalty) Although there were no stated e*ceptions in the Act to the prohibition against the performance of abortions the use of the word ?unlawfully@ by the Act implied that some abortions were not unlawful and indeed it was the general opinion that the performance of abortion would not be unlawful to save the life of a pregnant woman) /n the twentieth century this situation was clarified somewhat by two developments) The first was the enactment of the /nfant Cife #2reservation$ Act of %&,& which introduced the offence of ?child destruction@ the .illing of a child capable of being born alive #gestation age of ,5 wee.s or more$ unless the act that caused the death of the child was done in good faith for the sole purpose of preserving the life of the mother) Although the Act dealt only with abortions performed after the ,5th wee. of pregnancy it strongly implied that abortions performed earlier in pregnancy to save the life of the pregnant woman were also lawful) The second development was the %&45 >udicial decision of Rex v. Bourne which dealt with the issue of whether an abortion performed for health reasons was lawful) /n the Bourne decision a physician was acquitted of the offence of performing an abortion in the case of a woman who had been raped) The court ruled that the abortion was lawful because it had been performed to prevent the woman from becoming ?a physical and mental wrec.@ thus setting a precedent for future abortion cases performed on the grounds of preserving the pregnant womanAs physical and mental health) Neither the Bffences Against the 2ersons Act of %5'% nor the /nfant Cife #2reservation$ Act of %&,& applied in "cotland) Abortion was defined as a criminal offence by "cottish common law but prosecutions typically were not brought in cases where the operation had been performed for ?reputable medical reasons@ a term that was never officially or >udicially defined) /n Northern /reland the law was the same as in England and !ales until %&'5) Source: 2opulation 2olicy 1ata ;an. maintained by the 2opulation 1ivision of the 1epartment of Economic and "ocial Affairs of the <nited Nations "ecretariat) For additional sources see list of references) %7' United Kingdom of Great Britain and Nortern Ire!and Abortion in England "cotland and !ales is currently regulated by the Abortion Act of %&'( as amended by the +uman FertiliDation and Embryology Act of %&&8 which permits abortion to be performed on broad grounds as certified by two physicians) The two physicians must be of the opinion formed in good faith: #a$ that the pregnancy has not e*ceeded ,- wee.s and continuance of the pregnancy would involve a ris. greater than if the pregnancy were terminated of in>ury to the physical or mental health of the pregnant woman or any e*isting children of her familyE #b$ or that the termination is necessary to prevent grave permanent in>ury to the physical or mental health of the womanE #c$ or that the continuance of the pregnancy would involve ris. to the life of the woman greater than if the pregnancy were terminatedE #d$ or that there is a substantial ris. that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped) /n assessing the ris. to the health of the woman and her e*isting children physicians may ta.e into account the womanAs ?actual or reasonably foreseeable environment@) Bwing to this provision and a broad interpretation about what constitutes a threat to health abortions are available virtually on request in the <nited =ingdom) !ithin the National +ealth "ervice the provision of abortion services as with other medical services is controlled by the individual health3care authorities) Approval to perform abortions in private medical facilities is vested in the "ecretary of "tate for +ealth) :urrently there is no statutory duty on the part of the +ealth Authorities to provide a particular level of abortion service) Traditionally the provision of abortion services as part of the gynaecological services has been a matter for local determination by the +ealth Authorities according to local circumstances) E*cept in cases of emergency a legal abortion must be obtained in National +ealth "ervice hospitals or in approved institutions operating as private abortion clinics) The abortion is available free of charge through the National +ealth "ervice or it may be paid for privately) The abortion must be performed by a registered medical practitionerE however a nurse may also induce the abortion if delegated by a physician as part of a team) The consent of the spouse is not a prerequisite of the termination of pregnancyE a husband has no right to prevent his wife from having a legal abortion) According to figures from the Bffice for National "tatistics a total of %5(-8, legal abortions were performed in England and !ales in %&&5 an increase of -)4 per cent from %&&() The overall abortion rate for women resident in England and !ales #e*cluding Fabortion tourismA$ increased -)5 per cent to %4)& abortions per %888 women aged %-3-&) Eighty3nine per cent of abortions were carried out at less than %4 wee.s and another %8 per cent by %& wee.s) The most significant increase was among women %'3%& years old: their abortion rate rose 5)4 per cent to ,')7 abortions per %888 women) /n %&&( the conception rate for girls under %' was 5)& per %888 the highest rate of teenage pregnancy in !estern Europe) +alf of the under3%' conceptions and over one third of the %'3%& conceptions ended in abortion) There were also increases in virtually all the categories of se*ually transmitted infections) /n %&&4 the modern contraceptive rate for 0reat ;ritain was estimated to be 5, per cent) This figure includes a high rate #,, per cent$ of male steriliDation) 9ore recently the National +ealth "ervice reported that in %&&5 an estimated 78 per cent of women aged %'3-& in England used a non3surgical method of contraception while an additional %, per cent had been steriliDed) Bf those women using non3surgical contraception -, per cent chose the pill #down from (8 per cent in %&(7$ while 4( per cent used condoms #up Source: 2opulation 2olicy 1ata ;an. maintained by the 2opulation 1ivision of the 1epartment of Economic and "ocial Affairs of the <nited Nations "ecretariat) For additional sources see list of references) %7( United Kingdom of Great Britain and Nortern Ire!and from ' per cent in %&(7$) The number of women attending national health clinics has remained roughly constant although the demographic profile of attendants has changed) <nder3%' attendants increased from negligible numbers in %&(7 to ( per cent in %&&53%&&&) Attendants aged %'3%& rose from %7 per cent in %&(7 to ,, per cent in %&&53%&&&) These increases have been offset by a decline in attendance among women ,834- from ,% per cent in %&(7 to %, per cent in %&&53%&&&) The Abortion Act of %&'( does not apply in Northern /reland) There the provisions of the Bffences Against the 2ersons Act of %5'% are still in effect as interpreted by court decision) <ntil %&&4 however there were no Northern /reland court decisions specifically applying the Rev v. Bourne decision to Northern /reland although it was usually presumed that it would be applicable) /n late %&&4 and early %&&- two cases resolved by Northern /reland courts confirmed this presumption) Bne involved a fourteen3year3old girl who had become pregnant and threatened to commit suicide if she could not obtain an abortionE the other involved a severely mentally handicapped ,43year3old woman who had been se*ually assaulted and became very distressed over the resulting pregnancy) /n both cases the courts ruled that an abortion could legally be performed in Northern /reland on serious mental health grounds one of them specifically stating the holding of Bourne) /n practice the decision to terminate a pregnancy in Northern /reland is usually made following consultation with two physicians and with the informed consent of the pregnant woman) Although abortions are performed each year in Northern /reland within the legal guidelines the fear of possible accusation of acting illegally and the fact that abortion is an emotionally charged issue in Northern /reland prevents medical staff from revealing precise data on abortions) The 1epartment of +ealth and "ocial "ervices does not supply official statistics) /n Northern /reland a woman faced with an unwanted pregnancy that does not fulfil the stated requirements can choose #a$ to carry the pregnancy to termE #b$ to see. an illegal abortion and ris. endangering her health and lifeE or #c$ to travel to England where abortion is legal) 9any women choose the third option) /n addition to "cotland and Northern /reland there are three anomalous island >urisdictions that although under the control of the <nited =ingdom are technically not part of the <nited =ingdom but are considered dependencies of the ;ritish crown: the ;ailiwic. of Gersey and the ;ailiwic. of 0uernsey which are situated off the coast of Normandy and together ma.e up the :hannel /slands and the /sle of 9an #Tynwald$ which lies between /reland and 0reat ;ritain) Each has maintained a great deal of autonomy from the central 0overnment and has its own system of law distinct from that of the <nited =ingdom) /n all three abortion has traditionally been largely prohibited) /n recent years legislators in all three >urisdictions have ta.en steps to legaliDe abortion under certain circumstances despite great opposition among certain segments of the islandsA population) /n %&&7 the /sle of 9an enacted the Termination of 2regnancy #9edical 1efences$ Act) <nder the Act there are three grounds for the performance of legal abortions: #a$ when two physicians are of the good faith opinion that it is necessary to preserve the life of the pregnant womanE e*amples include the situation in which the continuance of the pregnancy involves a substantial ris. #other than such ris. as is normally associated with pregnancy and childbirth$ to the life of the pregnant woman greater than if the pregnancy is terminated and the situation in which termination of the pregnancy is necessary to prevent grave permanent in>ury to the physical or mental Source: 2opulation 2olicy 1ata ;an. maintained by the 2opulation 1ivision of the 1epartment of Economic and "ocial Affairs of the <nited Nations "ecretariat) For additional sources see list of references) %75 United Kingdom of Great Britain and Nortern Ire!and health of the woman #throughout pregnancy$E #b$ when two physicians are of the good faith opinion that the child if carried to full term would be unli.ely to survive #throughout pregnancy$ or would suffer from serious handicap #up to ,- wee.s$E and #c$ when two physicians are of the good faith opinion as substantiated that the pregnancy has resulted from rape incest or alleged assault #up to %, wee.s$) /n addition an emergency abortion can be performed at any time with the approval of only one physician) Gersey and 0uernsey enacted similar legislation in %&&' and %&&( respectively) Although neither law contains special provisions for the performance of abortions in the case of pregnancies resulting from rape or incest both laws are significantly less restrictive than the law of the /sle of 9an in terms of health indications) /n 0uernsey an abortion can be performed during the first twelve wee.s of pregnancy when the pregnancy involves a ris. of in>ury to the physical or mental health of the pregnant woman or any e*isting children of her family greater than if the pregnancy were terminated) GerseyAs law allows abortions during the same period if the womanAs condition causes her ?distress@ if she then receives information from a medical practitioner other than the one performing the abortion #on medical ris.s connected with abortionE on entitlements for mothers families and childrenE on counselling that is availableE on places where abortions can be performedE and on opportunities for adoption$ and if she waits seven days until the abortion is performed) "ince abortion was legaliDed in 0reat ;ritain many women from other countries have travelled to England for a safe legal abortion) 1escribed in the abortion statistics as ?non3residents@ these women come from Northern /reland as well as from other European countries including France 0ermany /reland /taly and "pain) Bthers have travelled from as far away as "outh Africa and the <nited "tates of America) The number of women travelling to England to obtain an abortion has declined as abortion has been legaliDed and laws have been reformed in other countries #7888 non3resident women had a legal abortion in England in %&'& the first full year that abortion was legal in 0reat ;ritainE the number pea.ed in %&(4 at 74'88 non3resident abortions$) /n Guly %&&% the <nited =ingdom became the second country France being the first to approve the use of R<3-5' the abortion pill) The distribution of the pill is sub>ect to strict controls confining its use to National +ealth "ervice gynaecological units) The 0overnment of the <nited =ingdom considers the rates of fertility and population growth to be satisfactory) The 0overnment has no e*plicit policy of intervention with respect to fertility rates since it believes that decisions concerning fertility and childbearing should be left to the individual) The 0overnment provides individuals with information and the necessary means for family planning and funds health programmes to improve the prevention diagnosis and treatment of illness) The 0overnment has also ta.en steps to reduce the increasing abortion rate due to unwanted fertility among young unmarried women and to encourage greater male responsibility with regard to contraception) Family planning services including steriliDation are widely available free of charge through the National +ealth "ervice) Source: 2opulation 2olicy 1ata ;an. maintained by the 2opulation 1ivision of the 1epartment of Economic and "ocial Affairs of the <nited Nations "ecretariat) For additional sources see list of references) %7&