- Abortion Law
Abortion Law
1. Introduction
Until 1803 the only law relating to abortion was the common law
and under English common law, provided the abortion was carried out
before the women could feel the baby move, it was considered
morally and legally acceptable. Abortion however was made a crime
in 1803 and since then the law has been entirely statutory. From
Lord Ellenborough's Act 1803 through to the Human Fertilisation and
Embryology Act 1990 and it's amendment of the law relating to the
termination of pregnancy, regulation of abortion in the United
Kingdom has reflected a social and political context from which it
has been legalised. While there is a polarity of views on the
question of abortion and a suggestion that muddle and
self-contradiction have marked the attitudes and policies towards
abortion, the purpose of this paper will be to deliberate solely on
the law. Hence this paper will begin by looking at current abortion
law and then consider the history behind present-day legislation.
This paper will then conclude by examining the issue of abortion of
disabled foetus'. Once again, whilst the issue of abortion on the
grounds of fetal abnormality has been referred to as eugenic in
nature, the ethics of the issue will not be discussed and only the
law will be examined.
2. The Present Law on Abortion
The present legislation on abortion comprises the Offences
against the Person Act 1861, Infant Life (Preservation) Act 1929,
Abortion Act 1967, the Human Fertilisation and Embryology Act 1990
(hereafter the 'HFEA 1990') and the Abortion Regulations 1991, SI
1991/499. Specifically, the law relating to abortion means s.58 and
s.59 of the Offences against the Person Act 1861 and any rule of
law relating to the procurement of an abortion.
'Women vary in their reaction to being told that their fetus
is, or may be, abnormal. Occasionally a woman feels strongly that
she is unable to accept a probability of risk or a degree of
handicap that her medical practitioners consider less than
substantial or serious. Under such circumstances, and only when the
gestation is less than 24 weeks, the practitioners may decide that
abortion has become necessary to protect her mental
health.'
Finally, the wording contained within the 1967 makes it clear
that a medical opinion formed in good faith is sufficient to
satisfy the legal requirements. Thus it may be strongly argued that
a substantial risk of serious handicap need not actually exist
provided that two doctors are willing to certify in good faith that
it does indeed exist.
