A review of abortion law in Scotland commissioned by the Scottish Government, and undertaken by a group chaired by a former trustee of the UK’s largest abortion provider, has recommended that Scotland scrap the 24-week time limit and allow abortions on social grounds, including for sex-selective purposes, right up to birth.
In Scotland, 98% of the 18,710 abortions performed in 2024 were done so under section 1(1)(a) of the Abortion Act, which is interpreted by abortion providers to allow abortions to happen for social reasons.
There is currently a 24-week limit on section (1)(1)(a), which means that abortions for social reasons cannot happen after 24 weeks. The report recommends that this 24-week limit be scrapped, and social abortions be allowed right through to birth – the language the report proposes should be used for abortions post-24 weeks is similar to (in fact weaker than) the current grounds for abortion up to 24 weeks, which are interpreted as to allow abortions on merely social grounds.
Between 24 weeks and birth, the report proposes that two healthcare professionals (this is not limited to doctors, it could include nurses, midwives or others unspecified by the report) would decide if an abortion was “appropriate”. The subjective definition of “appropriate” includes considering a woman’s current or even future “psychological and social circumstances”. The inclusion of social circumstances means that pro-abortion healthcare professionals could approve abortions at full term on purely social grounds – and they would not have to document them.
Similarly, the inclusion of “psychological” circumstances is very similar to the current mental health grounds in the Abortion Act, currently restricted to before 24 weeks, which is interpreted by abortion providers to allow abortion on demand.
The report also recommends that there be no specified grounds for abortion up to 24 weeks, making abortion lawful for any reason, which means that sex-selective abortions would be made legal – the report specifically suggests “that no specific reference is made to sex-selective abortion within any updated abortion legislation” – preventing provisions being added to legislation to prevent sex-selective abortion.
It also recommends: removing the important safeguard of two doctors signing off on abortion; that the Scottish Government creates a duty to provide abortion services – or a ‘right to abortion’; that there should be no certification requirements at any gestation; that any healthcare professional could perform an abortion at any gestation; and that healthcare professionals who conscientiously object to abortion would have a duty to refer.
The proposed changes go far beyond the already extreme current proposals in England and Wales, which would only amend the law for women performing their own abortions.
“Expert group” conflict of interest
The report was commissioned by the Scottish Government and undertaken by the Abortion Law Review Expert Group, which was chaired by a former trustee of the UK’s largest abortion provider. The group consisted of 13 individuals, the majority of whom have either been on the board or worked for the UK’s largest abortion provider, BPAS, or have a history of pro-abortion campaigning, including BPAS’ current Head of Advocacy.
The change would position Scotland drastically away from the European Union.
The current abortion law in Scotland permits abortion up to 24 weeks, double the time limit of the most common abortion limit among EU countries, which is 12 weeks.
The proposed law change would position Scotland’s abortion law even further away from a large number of EU countries.
The law change would also likely lead to an increased number of viable babies’ lives being ended well beyond the 24-week abortion time limit and beyond the point at which they would be able to survive outside the womb.
Sex-selective abortion would become legal in Scotland
Sex-selective abortion usually targets baby girls due to a preference among certain parents and some cultures for having sons.
The UK Government maintains that, under current legislation in England, Wales and Scotland, abortion on the grounds of the sex of the baby is illegal because it is “not one of the lawful grounds for termination of pregnancy” set out in the Abortion Act (which stipulates that abortion can only be performed under specific grounds).
The report recommends that there be no specified grounds for abortion up to 24 weeks, making abortion lawful for any reason, which means that sex-selective abortions would be made legal – the report specifically states “that no specific reference is made to sex-selective abortion within any updated abortion legislation” – preventing provisions being added to legislation to prevent sex-selective abortion.
Potential abortion “tourism”
If this proposed change becomes law, Scotland would have one of the most extreme abortion laws in the world, and a different time limit to that of England and Wales, where it will remain at 24 weeks, and many EU countries, where the most common abortion time limit among EU countries is 12 weeks.
This could result in women travelling from England, Wales, around Europe, and from elsewhere globally to get legal very late term and sex-selective abortions in Scotland – making Scotland the “late term and sex-selective abortion tourism capital of the world”.
Potential for scandal-ridden private abortion providers to move into the “Scottish market”
There are also currently no private abortion providers operating in Scotland, with abortions taking place in NHS hospitals and clinics.
The potential for a large increase in demand for expensive late-term abortions, sex-selective abortions, and removal of safeguards that could lower costs of providing abortions at all stages of pregnancy, could attract private abortion providers to move into the Scottish abortion “market” – either private providers from England and Wales, or abroad.
In England and Wales, there have been a number of scandals at the two major private abortion providers, MSI Reproductive Choices (formerly Marie Stopes) and BPAS. Further details covering some of the scandals that have occurred at these abortion providers are outlined here.
The general public and women in particular do not support the law change
Polling shows that only 1% of women support introducing abortion up to birth and 70% of women support a reduction in the time limit from 24 weeks to 20 weeks or below.
The same poll showed 91% of women also oppose sex-selective abortion.
In 2016, there was an attempt to make the same law change in England and Wales, but campaigners have been wary about seeking to fully decriminalise abortion there again after there was a major nationwide backlash. A full list of the media coverage covering the backlash is available here.
UK’s largest abortion provider, which is a member of the campaign, makes it clear it wants to remove all gestational time limits
A number of the members of the expert group have either been on the board or worked for the UK’s largest abortion provider, BPAS. BPAS have made it explicit that they are campaigning to remove all gestational time limits for abortion.
This position was affirmed by their then CEO, Ann Furedi, who at the launch of the campaign to ‘decriminalise’ abortion stated, “I want to be very, very clear and blunt … there should be no legal upper limit”.
Spokesperson for Right To Life UK, Catherine Robinson, said “This report is one of the most extreme in UK parliamentary history, drawn up by radical activists whose views do not align with public opinion and who stand to gain from their proposals. What is being suggested is an extreme and inhumane change to the law, which polling shows is widely opposed by women”.
“This proposal would result in the time limit being scrapped and abortion would become available on social grounds, up to birth”.
“Sex-selective abortion would also be made legal in Scotland”.
“This would leave Scotland with one of the most extreme abortion laws in the world”.
“It would also likely lead to an increased number of viable babies’ lives being ended well beyond the 24-week abortion time limit and beyond the point at which they would be able to survive outside the womb”.
“The Group recommending these abhorrent changes was chaired by a former trustee of BPAS, the UK’s largest abortion provider, and staffed with a collection of pro-abortion fanatics, including BPAS’ current Head of Advocacy, a clear conflict of interest that discredits the report”.
“It was grossly inappropriate for abortion providers like BPAS to be allowed to be at the heart of such a group, broadening who can perform and where abortions can occur, because they could benefit from changes that would largely remove their own criminal liability, and could benefit from the reduction in oversight, data collection and scrutiny that these changes would introduce”.
“Polling shows the public does not want abortion up to birth. Women in particular do not want it. MSPs should listen to them, not to a group of campaigners pushing their extreme agenda”.
“If these campaigners get their way, babies in the womb could legally have their lives ended throughout all nine months of pregnancy”.
“The law change would position Scotland drastically away from the European Union, where the most common abortion time limit among EU countries is 12 weeks”.
“The Scottish Government should provide more support for women facing unplanned pregnancies, rather than seek to introduce an extreme law change that would make it legal to end a baby’s life right up to when they are about to be born”.
