Abortion time limits

In brief

• Abortion is available in the UK de facto on demand up to 24 weeks gestation and later in limited circumstances.
• The majority of countries in the European Union limit abortion on demand or on broad social grounds after 12 weeks gestation, making the UK one of the most extreme when it comes to abortion time limits.
• UK polling shows 60% of the general public and 70% of women want to reduce the current time limits.
• The latest guidance from the British Association of Perinatal Medicine enables doctors to intervene to save premature babies from 22 weeks.
• The latest research indicates that a significant number of babies born at 22 weeks gestation can survive outside the womb, and this number increases with proactive perinatal care.
• A survey of 5,577 biologists in 2018 showed that 96% of respondents agreed that a human life begins at fertilisation. Steve Jacobs, who conducted the survey said: “The majority of the sample identified as liberal (89%), pro-choice (85%) and non-religious (63%).”

Abortion time limit

While abortion is now legal in most Western countries, there is still much dispute as to when, if ever, the cut-off point should be. Abortion advocates, whilst seemingly united in their fight to legalise abortion, are largely scattered in their opinions on this issue, with deadlines set anywhere from six weeks right up to birth, with common discussions around child disability, viability outside the womb, and autonomy all making prominent features. 

While the abortion lobby boasts a variety of camps, pro-lifers remain largely united on this front, recognising that life begins at conception, and therefore so do the human rights of each human being, making abortion morally unacceptable at any point.  

What is the legal limit for abortion in the UK?

Abortion is legal throughout all of the United Kingdom, but is considered a devolved issue in Scotland (2016) and Northern Ireland (1999). 

England, Scotland & Wales 

As of 1990, the abortion time limit is 24 weeks gestation, or up to birth in limited circumstances, such as cases where the mother’s life is at risk or the child would be born with a disability. 

This 24-week limit applies to abortions performed under section 1(1)(a) of the Abortion Act, which allows abortion on mental health grounds. This is liberally interpreted by abortion providers to allow de facto abortion on demand and 98% of abortions are performed on these grounds. 

While the Scotland Act 2016 turned abortion into a devolved matter, Scotland has not departed from the 1967 Abortion Act and therefore maintains the same limits as England and Wales.

Northern Ireland

As of March 2020, after the imposition of an extreme abortion law on Northern Ireland by Westminster, de facto abortion on demand  is legal in Northern Ireland for any reason up to 24 weeks. The abortion limit is extended up to birth for babies with disabilities. 

UK history of abortion time limits

England, Scotland & Wales 

Under the Abortion Act 1967, abortion became legal up to a de facto time limit of 28 weeks gestation in Great Britain, which had been effectively set by the Infant Life (Preservation) Act 1929 that made it illegal to “destroy the life of a child capable of being born alive” and defined 28 weeks gestation as proof of viability.

In 1990, the Human Fertilisation and Embryology Act successfully reduced abortion access to 24 weeks gestation, with MPs supporting the change in the law given medical advances made survival for premature babies more likely from this point. 

The 1990 Act also removed the time limit of 28 weeks set by the Infant Life (Preservation) Act 1929 for abortions should ”the child be diagnosed with a ‘severe’ disability”, allowing abortions on this ground to take place right through birth. It also added the ground for abortion should “the woman be at risk of grave permanent mental or physical injury”, which was now allowed through to birth.   

Prior to 1990, abortion was available throughout pregnancy if the abortion was “done in good faith for the purpose only of preserving the life of the mother”. This remained the case post the law change in 1990, but a similar provision covering this is now outlined in the Abortion Act.

Amendments to the Human Fertilisation and Embryology Act of 2008 were tabled  to attempt to lower the abortion time limit, with amendments proposing reductions to 22, 20, 16 and 12 weeks being tabled, however, all of these were defeated.

Northern Ireland

Abortion remained illegal in Northern Ireland, apart from when the continuation of the pregnancy would threaten the life of the mother, until October 2019 when legislation was imposed by the Westminster Government, despite abortion being a devolved issue and a national majority opposing the legislation.

Under The Abortion (Northern Ireland) Regulations 2020, abortion is available de facto on demand, for any reason, up to 24 weeks. In cases where the baby is diagnosed with a disability such as Down’s syndrome, cleft lip/palate or club foot, abortion is available up to birth.

On 16 February 2021, the Severe Fetal Impairment Abortion (Amendment Bill) was introduced. The Bill proposed that non-fatal disabilities are not grounds for abortion in Northern Ireland and that the law discriminated against those with disabilities. In October 2021, the Bill passed Committee Stage, and has gathered a lot of public support with over 99.5% of submissions to a Northern Ireland Committee for Health consultation on the Bill supporting the proposed law change. 

The proposed change has also gathered significant support from people with Down’s syndrome and their families, with 1,608 people signing an open letter to party leaders in Northern Ireland urging them to support the Bill.

The Bill was rejected by the Northern Ireland Assembly on 14 December 2021 by 45 votes to 42.

Abortion time limits in Europe

In most European Union countries, abortion is only legal on demand or on broad social grounds up to 12 weeks gestation, making legislation in the United Kingdom some of the most extreme.

Austria

Abortion has been legal in Austria since 1974 and is accessible on demand or on broad social grounds within the “first three months”. 

Belgium

Abortion has been legal in Belgium since 1990, and is accessible on demand or on broad social grounds up to 12 weeks gestation.

Bulgaria

Abortion has been legal in Bulgaria since 1956, and is accessible on demand or on broad social grounds up to 12 weeks gestation. Many other eastern and central European countries, under Soviet control, introduced abortion around this time.

Croatia

Croatia’s current abortion legislation has been in place since 1978 and this Yugoslavian law remained in place after Croatia gained independence in 1991. The legislation allows abortion to take place on demand or on broad social grounds, up to 10 weeks gestation. 

Cyprus

The current abortion legislation in Cyprus has been in place since 2018 and under this legislation, abortion is accessible on demand or on broad social grounds, up to 12 weeks gestation. 

Czech Republic

The Czech Republic’s current abortion legislation has been in place since 1986 and under this legislation, abortion  is accessible on demand or on broad social grounds up to 12 weeks gestation. As with other eastern and central European countries, abortion was originally introduced early in the Soviet era.

Denmark (Mainland)

Denmark’s current abortion legislation has been in place since 1973 and under this legislation, abortion is accessible on demand or on broad social grounds up to 12 weeks gestation. 

Estonia

Estonia’s current abortion legislation has been in place since 1998 and under this legislation, abortion  is accessible on demand or on broad social grounds up to 11 weeks gestation. Abortion was originally introduced in 1955 when the country was under Soviet influence.

Finland

Finland’s current abortion legislation has been in place since 1970 (with amendments made in 1978 and 1985) and under this legislation, abortion is accessible on demand or on broad social grounds up to 12 weeks gestation. 

France

Abortion has been legal in France since 1975, and is accessible on demand or on broad social grounds up to 14 weeks gestation. 

Germany

Abortion has been legal in Germany since 1950 (1976 in West Germany). Abortion is legal if done within the parameters of the current legislation that allows abortion on demand or on broad social grounds up to 12 weeks gestation. 

Greece

Abortion has been legal in Greece since 1978, and is accessible on demand or on broad social grounds up to 12 weeks gestation. 

Hungary

Hungary’s current abortion legislation has been in place since 1992 and under this legislation, abortion is accessible  on broad social grounds up to 12 weeks gestation. Abortion was first made legal in Hungary when the country was under Soviet control.

Ireland

Abortion has been legal in Ireland since 2018, and is accessible on demand or on broad social grounds up to 12 weeks gestation. Ireland is the only country in history to introduce abortion through a referendum. 

Italy

Abortion has been legal in Italy since 1978, and is accessible on demand or on broad social grounds up to 12 weeks gestation. 

Latvia

Abortion was made legal in Latvia in 1955 when the country was under the control of the Soviet Union, and is accessible on demand or on broad social grounds up to 12 weeks gestation.

Lithuania

Abortion was made legal in Lithuania in 1955 when the country was under the control of the Soviet Union, and is accessible on demand or on broad social grounds up to 12 weeks gestation. 

Luxembourg

Abortion has been legal in Luxembourg since 1978, and is accessible on demand or on broad social grounds up to 12 weeks gestation. 

Malta

Abortion is currently prohibited in Malta. According to the Maltese Government: “Should the mother’s life be in danger, all efforts are made to save both lives, and the double effect principle applies, such as in ectopic pregnancy”.

Netherlands

Abortion has been legal in the Netherlands since 1984. According to the Government of the Netherlands, “An abortion may be performed up to the time when the foetus is viable outside the mother’s body. Under the Criminal Code, this is 24 weeks. In practice, doctors apply a two-week margin of error, and stick to a time limit of 22 weeks”.

Poland

Abortion is not available on demand nor on broad social grounds. It is only available on narrow grounds, when the pregnancy poses a threat to the life or health of the woman or in cases of rape or incest

Portugal

Abortion has been legal in Portugal since 1984, and is accessible on demand or on broad social grounds up to 10 weeks gestation. 

Romania

Abortion has been legal in Romania since 1957, and is accessible on demand or on broad social grounds up to 14 weeks gestation.

Slovakia

Abortion has been legal in Slovakia since 1986, and is accessible on demand or on broad social grounds up to 12 weeks gestation. 

Slovenia

Abortion has been legal in Slovenia since 1977, and is accessible on demand or on broad social grounds up to 10 weeks gestation. 

Spain

Abortion has been legal in Spain since 1985, and is accessible on demand or on broad social grounds, up to 14 weeks gestation. 

Sweden

Sweden’s current abortion legislation has been in place since 1974 and under this legislation, abortion is accessible on demand or on broad social grounds up to 18 weeks gestation. 

Public opinion on reducing abortion time limits in the UK

Despite the abortion lobby’s insistence that there is public demand for the absolute ‘pro-choice’ position of abolishing abortion legislation in a way that would allow abortion up to birth for any reason, UK polling has shown that the public is actually in favour of lowering the time limit.

A poll undertaken by Savanta ComRes of 2,008 British adults showed that 60% believed that the current 24-week time limit ought to be reduced to 20 weeks or below. Only 1% of the general public believed that abortion should be available up to birth. 

What’s more, the narrative that women are largely in favour of expanding access to abortion by increasing the time limit is incorrect, with 70% of women believing the 24-week time limit ought to be reduced to 20 weeks or below, 59% of women believing it should be reduced to 16 weeks or below, and only 1% believing it should be allowed up to birth.

In 2019, a poll of people based in London asked over 10,000 people whether they agreed or disagreed with the following statement: “I believe that abortion should be illegal except in exceptional circumstances (i.e. when the mother’s health is at risk)”. 41.3% of participants responded in agreement with the statement – almost 10% higher than the nation as a whole – with 40% of 18 to 34-year-olds agreeing to the statement,  making them the age group with the largest percentage of people who are generally opposed to abortion.

A public consultation in Northern Ireland, with regards to the Severe Fetal Impairment Abortion (Amendment) Bill, has shown strong support for removing discriminatory abortion for unborn children with non-fatal disabilities. With the current law allowing abortion up to birth for children diagnosed with disabilities such as Down’s syndrome, cleft lip, cleft palate or club foot, over 99.5% of people showed their support for having the limit reduced to 24 weeks – the time limit for babies not diagnosed with disabilities.

Ethical and legal considerations regarding the abortion time limit

Disability discrimination

• Some people argue that the abortion limit for babies with disabilities is discriminatory since abortion is allowed in general up until 24 weeks, but if the baby is diagnosed with a disability, abortion is permitted up until birth.
• In 2017, the United Nations Committee on the Rights of Persons with Disabilities condemned countries with such discriminatory abortion laws writing: “This discrimination on the ground of health conditions of unborn children, depending on a proven or alleged disability, strongly opposes article 5 of the [Convention on the Rights of Persons with Disabilities]”.
• UK disability activists such as Heidi Crowter are actively seeking to remove these disability clauses from UK legislation, making the disability abortion time limit equal to that for abortions performed when an unborn child does not have a disability.

Neonatal survival rates

• The point at which a baby can survive outside the womb is reducing. Since it is wrong to end the life of a baby born alive at 22 weeks, it is also wrong to end the life of a baby at the same gestational age who is still in the womb.
• The current 24-week time limit was set in 1990, as a reduction from the previous 28-week limit. One of the principal arguments for this change was that medical technology made it possible for babies to survive outside the womb from this point. The latest guidance from the British Association of Perinatal Medicine enables doctors to intervene to save premature babies from 22 weeks.
• Research has indicated that a significant number of babies born at 22 weeks can survive outside the womb, and this number increases with proactive perinatal care. 
• Those who argue for the time limit to be reduced to 22 weeks say that the law ought to be driven by research and advances in medical technology, which currently points to 22 weeks being the point at which a child becomes viable.

Unanimity with Europe

• As shown above, gestational limits on abortion in the UK are one of the most extreme in Europe, and are double the median time limit of 12 weeks among European Union countries.
• Some argue that the late abortion limit in the UK is especially barbaric and ought to be lowered to align with the European Union.

Heartbeat

• According to an article in the Journal of Cardiovascular Development and Disease, “[T]he first heartbeats of an individual human embryo may be expected to appear during a time span that starts at 20 days after fertilization (34 gestational days) and ends at 35 days after fertilization (49 gestational days)”.
• The fact that an unborn baby’s heart beats at this point shows that the human being developing in the womb is unambiguously alive and therefore, it could be argued, it is wrong to end his or her life through abortion after this point.

Conception/fertilisation

• Since we know from medical science and investigation that human life begins at conception, most pro-lifers argue that there should be no abortion or that the abortion limit should be at 0 weeks.
• In his anatomy textbook for medical students, Keith L. Moore writes:
  • “Human development begins at fertilization, when a sperm fuses with an oocyte to form a single cell, the zygote. This highly specialized, totipotent cell (capable of giving rise to any cell type) marks the beginning of each of us as a unique individual”.
    
    Keith L. Moore, The Developing Human: Clinically Oriented Embryology, (10th ed. Philadelphia, PA: Saunders, 2016. p. 11) [emphasis added]