The US Supreme Court has recently overturned the right to legal abortions, often referred to as the Roe vs Wade case. This means that there are now 26 conservative states that are either likely or certain to make abortion less accessible, or altogether banned.
This decision has fuelled the worldwide fire regarding abortion laws and rights, and has many UK citizens questioning what this change could mean for abortion rights in this country. Here, we discuss the current UK laws around abortions and what options there are regarding the abortion process.
Will Roe vs Wade Affect the UK?
In the US, 67% of a 900+ people poll said that, in general, they supported access to abortions, whereas 69% of doctors were concerned for health implications of women if abortion access becomes restricted or banned.
In contrast, in 2020, 90% of UK adults said they believe there should be access to abortion services in the UK. MPs also voted to keep allowing home abortions in March 2022, and Northern Ireland recently legalised abortions on October 21st, 2019, making it officially legal across the whole UK.
Boris Johnson, UK Prime Minister at the time, stated that the US ruling was a ‘big step backwards’, which suggested that there are no UK plans to follow suit. As it stands, abortion is legal across the whole of the UK.
What Are The Laws on Abortion in the UK?
The official gov.uk website provides seven legal grounds for which an individual can have an abortion, namely that there will be some kind of risk to the parent or child if the pregnancy were to continue.
In England, Scotland and Wales, abortions are allowed to take place up to 24 weeks, as of 1990. After 24 weeks, an abortion may still be carried out under exceptional circumstances, such as if the mother’s life is in danger or is at risk of major injury (either physical or mental). Alternatively, a late abortion may be carried out if there is a severe abnormality in the foetus.
The most common ground for abortion in the UK is that of preserving the mother’s mental health. This may cover the likes of financial concerns or other personal life factors that put the mother in a position where she is unprepared for a child.
What is the Process of Having an Abortion?
There are two options for legal abortion in the UK: a medical abortion, or a surgical abortion. A medical abortion involves taking two medicines 24-48 hours apart to induce the abortion, whereas a surgical abortion requires a procedure to remove the pregnancy. In both circumstances, you’ll be able to go home the same day, but will likely experience bleeding and discomfort for up to two weeks afterwards.
Since 2010, medical abortions have become much more common and accounted for 85% of total abortions in 2020, with surgical abortions becoming increasing less common. This is likely due to it being a generally less daunting method, and the fact that since 2018, patients have been able to administer the second treatment for early medical abortions themselves, at home.
While you can seek an abortion privately in the UK, they are covered on the NHS. In fact, 99% of abortions in the UK in 2020 were carried out on the NHS, with the remaining 1% being privately funded.
Can Doctors Refuse to Perform Abortions?
In the UK, the consultation process of an abortion must involve at least two doctors. This is done to prevent coercion from one doctor, in case their personal beliefs affect the abortion, but also to ensure the patient is comfortable, safe, and being provided with all the correct information. It’s a method of safeguarding for both the patient and the doctor.
Legally, a doctor can refuse to perform an abortion in the UK if their personal or religious beliefs go against it. However, if this is the case, they must refer the patient to a doctor who is willing to continue.
Find Legal Advice with Howells
If you feel as though you have been coerced or incorrectly treated by a doctor during an abortion, or any other medical experience, you can seek expert, compassionate legal advice from Howells through our medical negligence services.
