British lawmakers made a historic decision on Tuesday by voting to decriminalise the termination of pregnancies after 24 weeks in England and Wales.
This landmark amendment, which passed with a vote of 379 to 137, will prevent the criminal prosecution of individuals suspected of having unlawful abortions, marking a significant shift in abortion laws that have remained largely unchanged for decades.
Abortion in England and Wales is illegal under the 1861 Offences against the Person Act – a Victorian-era law that makes abortion a criminal offense that carries a maximum sentence of life imprisonment. That bill was written at a time when women could not vote, own property after marriage, or access higher education.
Tuesday’s vote follows an increase in recent years in investigations and prosecutions of people suspected of having illegal abortions.
Many people, including residents, are surprised that abortion is technically illegal in England and Wales, given the widespread access to the procedure.The amended 1967 Abortion Act carved out exceptions, allowing abortions at up to 24 weeks if approved by two doctors. But outside of specific criteria, it is still a criminal offense.
Tuesday’s vote will remove the criminal penalties for having an abortion, even outside of these parameters.
Tonia Antoniazzi, the Labour lawmaker who championed the amendment, said it was a “once in a generation” opportunity and the “right change at the right time.” Antoniazzi also insisted that the rules under the 1967 act for how abortion services are provided will not change.
Until recent years, prosecutions were almost unheard of. Campaigners report that approximately 100 women have been investigated for suspected unlawful abortions over the past decade.
Among them was Nicola Packer, 45, who was arrested in a hospital after taking abortion pills during the coronavirus lockdown. She denied knowing that she was 26 weeks pregnant. Four years later, after a trial in which intimate details of her personal life were examined, a jury found her not guilty. But the case sparked calls to update abortion laws.
“There must be no more Nicola Packers,” Antoniazzi told the House of Commons on Tuesday.
Louise McCudden, U.K. head of external affairs for MSI Reproductive Choices, one of Britain’s biggest abortion providers, called the prosecutions “a real anomaly in our law. Even in places like Texas, they don’t tend to prosecute the woman herself.”
“The investigations themselves have been horrific,” McCudden said. “In some cases, women have been separated from their children, their names made public, they’ve received death threats, they didn’t take pills but had a stillbirth or a miscarriage.”
The rise of investigations coincided with a legal change that allowed access to abortion pills that can be taken at home at up to 10 weeks of pregnancy.
Surveys show that the overwhelming majority of Britons favor making abortion legal. But polls also show that most people don’t support extending the legal time limit beyond 24 weeks’ gestation.
Critics of the amendment argued that it would effectively legalize self-induced abortion at any point up until birth.
Rebecca Paul, a Conservative member of Parliament, told the House of Commons that the change would mean “fully developed babies up to term could be aborted by a woman with no consequences.”
In interviews, abortion care doctors said that they will still be bound by the same rules as before – including the 24-week limit in most cases, mandatory legal forms, and the requirement of two signatures – and that they could face prosecution if they do not adhere to them.
Many European countries in recent years have expanded abortion rights. Denmark and Norway recently extended the legal limit from 12 to 18 weeks. Last year, France enshrined abortion as a “guaranteed freedom” into its constitution, and Ireland liberalized its laws after a public referendum in 2018.
Other countries have maintained or tightened access. The current Polish government has failed to deliver on a pledge to liberalize the country’s extremely restrictive laws. In 2022, Hungary made it mandatory for those seeking an abortion to listen to fetal vital signs.
Campaigners on both sides of the debate have said they have been energized by the rollback of abortion rights in the United States.
Stella Creasy, a Labour lawmaker who has been pushing for a more comprehensive reform of abortion law, told Parliament on Tuesday: “Listen to our American counterparts who bitterly regret not having acted under Biden and Obama … and now find themselves with medics being prosecuted and dragged across state lines.”
Tuesday’s vote was a free one, allowing lawmakers to vote their conscience rather than in line with their party – as is customary with ethical issues such as abortion or assisted dying. The amendment is part of the Crime and Policing Bill, which is weaving its way through Parliament and is likely to become law later this year.
