Sex-selective abortion could be legalised in Scotland under recommendations from 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.
The report, commissioned by Humza Yousaf when he was Scottish First Minister, states “that no specific reference is made to sex-selective abortion within any updated abortion legislation”, preventing provisions from being added to legislation to prevent sex-selective abortion.
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 (page 9, point 3), making abortion lawful for any reason, which means that sex-selective abortions would become legal.
Between 24 weeks and birth, 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” (page 9). The subjective definition of “appropriate” includes considering a woman’s current or even future “social circumstances” (page 9, point 5.2.C). Healthcare professionals could approve abortions at full-term on purely social grounds – including sex-selective purposes – and they would not have to document them.
The report also recommends that “There should be no offences for anyone ending their own pregnancy and any common law offences should be repealed” (page 11, point 28). This would remove offences that make it illegal for a woman to perform her own abortion. It would no longer be an offence for a woman to perform her own abortion for any reason, including for sex-selective purposes, and the changes to the law would apply throughout all nine months of pregnancy.
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.
Fierce opposition to proposals from across the political spectrum
The proposed changes to the abortion law in Scotland have prompted a considerable backlash from politicians in both Westminster and Scotland.
Kemi Badenoch, leader of the Conservative Party, said, “This is a totally disgusting idea”, while the Party’s equalities spokesperson Claire Coutinho said, “Killing babies because they are the ‘wrong’ sex is a dystopian nightmare”.
“Sex-selective abortion has no place in Britain, and adopting it would be the very opposite of progress. Time and again, this version of equality seems to leave women at the bottom of the pile to protect other cultural sensitivities”, she continued.
Former Home Secretary, Suella Braverman, said, “The idea that this barbaric practice could be put into place to appease certain minority groups that prefer boys over girls is morally repugnant. Scotland slides further into the moral abyss”.
Shadow Scotland Secretary, Andrew Bowie, said, “This is an extremely sinister move by a government that is in hock to the radical elements driving social change in our country. This cannot be allowed to take place”.
Former Chairman of the Conservative Party, Richard Holden, said, “We all know what sex-selective abortion means. It should have no place in any society and should never be allowed in Britain”.
Jeremy Balfour, independent Member of the Scottish Parliament, said, “These proposals are deeply alarming. They would allow sex-selective abortion right up to birth: an extreme departure from European norms that puts women at risk and leaves unborn children with no protections at all”.
“Scotland should be supporting women, not creating a system where a baby’s fate can be decided solely on whether they are the ‘right’ sex”.
Leader of the Scottish Conservatives, Russell Findlay MSP, said, “Sex-Selective Abortions (SSAs) are disgusting, morally repugnant, sinister and barbaric. They cannot be allowed in Scotland”.
Annie Wells MSP said, “Too many women already face pressure from partners or relatives about pregnancy decisions. We should be tackling coercion and safeguarding vulnerable women, not creating loopholes that could make that pressure even harder to resist”.
Media commentators fiercely opposed to proposals
Many figures in the media have voiced their opposition to recommendations to legalise sex-selective abortion.
Sonia Sodha, columnist and broadcaster, said, “This is so worrying, and given the SNP’s attitudes to women and girls in other areas, I wouldn’t trust them not to do it”.
Kathleen Stock, contributing editor of Unherd, said, “Aborting a baby because it’s a baby = silence. Aborting a baby because it’s a girl = howls of outrage. From baby’s perspective, there isn’t much difference though”.
Patrick Christys, presenter at GB News, said, “This is terrifying. Women could abort babies based on their sex”.
Columnist Allison Pearson said, “Civilization is dismantling itself brick by brick”.
“[The chair of the review] claims it is ‘potentially harmful’ to prohibit sex-selective abortion. Because murdering baby girls – what this amounts to – is fine obviously”, she continued.
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 abortions be allowed right through to birth on social grounds, including for sex-selective reasons.
Spokesperson for Right To Life UK, Catherine Robinson, said “It is extremely worrying that sex-selective abortion could be legalised in Scotland as part of these harmful recommendations”.
“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”.
“It is encouraging that so many people across politics and the media have been vocal in their opposition to these vile proposals. Such a dreadful change in the law should never be allowed to take place, and those in power in Scotland should work to ensure such radical changes to the law, and to the lives of women and unborn children, never come to fruition”.
