UK Members of Parliament are set to vote on Tuesday on proposed changes to abortion legislation in England and Wales that would effectively decriminalize self-managed abortions and prevent the prosecution of women for ending their own pregnancies.
Under existing laws, a woman can still face criminal charges for terminating a pregnancy after 24 weeks or without the sign-off of two doctors. These laws fall under the Offences Against the Person Act of 1861 and carry a maximum penalty of life imprisonment—although they are rarely enforced.
The issue has garnered national attention following a series of legal cases, including one where a woman was acquitted by a jury and another in which a conviction was overturned on appeal.
Labour MP Tonia Antoniazzi has introduced an amendment aimed at removing criminal liability for women who end their own pregnancies at any stage.
“Women are currently being arrested from hospital bed to police cell and facing criminal investigations on suspicion of ending their own pregnancy,” Antoniazzi told AFP.
“My amendment would put a stop to this,” she said, adding it was “the right amendment at the right time.”
Although the Abortion Act 1967 allowed terminations up to 23 weeks and six days under specific conditions, abortion remains a criminal offense under the 1861 law unless certain criteria are met. After the 24-week limit, abortions are permitted only in exceptional cases—such as when the mother’s life is at risk or there is a high likelihood of serious disability in the fetus.
During the Covid-19 pandemic, temporary regulations allowed women to take abortion pills at home during the first 10 weeks of pregnancy—an option that remains in place.
The recent case of Nicola Packer, who was acquitted in May after taking prescribed abortion medication at about 26 weeks pregnant, has added urgency to the debate. Her trial followed a four-year police investigation.
“It was horrendous giving evidence, absolutely awful,” she told The Guardian newspaper last month.
Despite growing support for reform, opposition remains. The Society for the Protection of Unborn Children has denounced the amendment, calling it “the greatest threat to unborn babies in decades.”
Antoniazzi has clarified that her proposal would not alter existing provisions around abortion services, including time limits.
Assisting someone in obtaining an unlawful abortion—such as medical personnel acting outside the legal framework—would still be prosecutable.
The amendment is backed by around 50 organizations, ranging from medical associations and abortion service providers to women’s rights groups. These groups highlight that six women have faced legal action in England over the past three years for terminating or attempting to terminate their pregnancies outside the boundaries of the current law.
In 2023, Carla Foster received a prison sentence for using abortion pills to end her pregnancy at between 32 and 34 weeks. Her sentence was later suspended by the Court of Appeal.
Currently, about 140 MPs in the 650-seat House of Commons have expressed public support for the amendment.
“It has widespread support from MPs across the political spectrum, and I am optimistic the Commons will support it,” said Antoniazzi.
Tuesday’s vote will be a free vote, allowing MPs to cast their ballots according to personal belief rather than party lines.
Northern Ireland decriminalized abortion in 2019, and Scotland is currently examining its own abortion laws.
— AFP
