A majority of Members of Parliament voted this week to decriminalize abortion in England and Wales at any stage of pregnancy for any reason.
The amendment to the government’s Crime and Policing Bill, put forward by the Labour Party’s Tonia Antoniazzi and co-sponsored by 180 Members of Parliament, prevents the police from investigating, arresting, prosecuting, or imprisoning women who obtain an abortion outside of the legal framework, such as after the 24-week gestational limit.
However, medical professionals who perform a late-term or sex-selective abortion still face prosecution. The amendment does not change the legal circumstances that allow for procuring an abortion, such as requirement for two doctors’ approval and the 24-week gestational limit (after which the procedure can be performed if the mother’s life is endangered).
On Tuesday, 379 Members of Parliament voted for the amendment, while 137 voted against it. Of those who voted in favor, eight are with the Conservative Party. All Reform UK members opposed the amendment, with the exception of its leader Nigel Farage, who abstained. The Crime and Policing Bill will continue through Parliament.
“This will likely lead to the lives of many more women being endangered because of the risks involved with ‘DIY’ self-administered late-term abortions and also tragically 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,” said the Right to Life United Kingdom organization in a press release.
During a radio interview prior to the vote, MP Antoniazzi said she was comfortable with a woman receiving an abortion for any reason, even at 37 weeks.
Professional associations that support the amendment included the Royal College of Obstetricians and Gynecologists and the Royal College of General Practitioners.
“This is a victory for women and for their essential reproductive rights,” said President of the Royal College of Obstetricians and Gynaecologists Ranee Thakar. “I am delighted that MPs have today [Tuesday] voted to remove women from the criminal law related to abortion in England and Wales. This sends a powerful signal that women’s rights and autonomy matter.”
“No woman should face prosecution under antiquated laws that were created before women were even allowed to vote,” said Kamila Hawthorne, Chair of the Royal College of General Practitioners. “This change in the law is a vital piece of protection for the reproductive and health rights of women.”
A more extreme proposed amendment, set forth by MP Stella Creasy, would prevent prosecuting medical professionals who perform abortions for any reason at any stage. The House of Commons has not voted on the amendment.
In 2022, the most recent statistics available, there were 251,377 abortions in England and Wales — the highest number recorded. By contrast, there were just over 600,000 live births in England and Wales in 2022, according to the Office for National Statistics. That year, “Muhammad” was the second most popular name for male babies.
Six women have been prosecuted in the past three years for procuring or attempting to induce an abortion outside of the law.
One high profile case is that of Carla Foster, who obtained abortion-inducing pills when she was between 32 and 34 weeks pregnant by lying to a nurse practitioner during a phone call and claiming to be only seven weeks along. The drugs mifepristone and misoprostol were mailed to her home address, and after taking the pills, Foster called emergency services to say she was in labor. Foster’s daughter was born stillborn. Foster pleaded guilty to a charge under the Offenses Against the Person Act 1861, specifically administering drugs or using instruments to procure abortion. She was sentenced to serve half of her 28-month term in custody and the remainder on license, but the Court of Appeal reduced the term to 14 months suspended, meaning that the time is served in the community and not behind bars unless offender fails to comply or commits another offense.