UK Members of Parliament have voted to end prosecutions of women in England and Wales who decide to terminate their pregnancy, signalling a major shift in how the country’s ab0rtion laws are enforced.
However, under current law, women will only face criminal charges for ending a pregnancy after 24 weeks or without approval from two doctors, with potential sentences up to life imprisonment. The issue has drawn renewed attention following recent court cases where women were either acquitted or released on appeal after being prosecuted for ab0rtion-related matters.
On Tuesday, June 17, MPs approved an amendment by Labour MP Tonia Antoniazzi by a majority of 242 votes. The amendment ensures that no woman will be criminally pursued for terminating her own pregnancy at any time, though it does not change the underlying ab0rtion laws.
The amendment now awaits final approval in parliament and must pass the House of Lords before becoming law.
“Women are currently being arrested from hospital bed to police cell and facing criminal investigations on suspicion of ending their own pregnancy,” Antoniazzi said. “My amendment would put a stop to this. It’s the right amendment at the right time.”
Ab0rtion in England and Wales remains a criminal offense under the Offences Against the Person Act of 1861, which carries a theoretical maximum sentence of life imprisonment. The Ab0rtion Act of 1967 legalized terminations under certain conditions, including allowing ab0rtion up to 23 weeks and six days of gestation by an authorized provider.
Ab0rtions beyond this period are permitted only under limited circumstances, such as when the mother’s life is at risk or there is a substantial risk of serious disability for the baby. During the COVID-19 pandemic, rules were relaxed to allow women to take ab0rtion pills at home up to 10 weeks of pregnancy.
Recent cases, such as Nicola Packer’s acquittal after taking prescribed ab0rtion medication at 26 weeks, have spotlighted the legal challenges faced by women. Packer said she was unaware of how far along she was and described giving evidence in court as “horrendous.”
The Society for the Protection of Unborn Children condemned the amendment as “the greatest threat to unborn babies in decades.”
Antoniazzi emphasized that the amendment does not alter ab0rtion service laws or time limits, and anyone assisting illegal ab0rtions, including medical practitioners, will still face prosecution.
About 50 organizations, including ab0rtion providers and women’s rights groups, support the amendment. They cite that six women have been charged in the last three years with ending or attempting to end pregnancies outside the law.
One such case involved Carla Foster, who was jailed in 2023 for illegally obtaining ab0rtion tablets at 32 to 34 weeks pregnant; her sentence was later suspended on appeal.
Antoniazzi highlighted that police have investigated over 100 women for suspected illegal ab0rtion in the past five years, including those who experienced miscarriages or stillbirths. “This is just wrong. It’s a waste of taxpayers’ money, a waste of the judiciary’s time, and not in the public interest,” she told the BBC.
Prime Minister Keir Starmer expressed support for women’s rights to a “safe and legal ab0rtion.” Meanwhile, Northern Ireland decriminalized ab0rtion in 2019, and Scotland is currently reviewing its laws on the matter.
