Lawmakers in the United Kingdom have voted in favour of a significant proposal aimed at halting the prosecution of women in England and Wales for terminating their own pregnancies.
This legislative development signals a potential transformation in how abortion laws are enforced across the country.
As it stands, a woman can still face criminal charges if she chooses to end a pregnancy after 24 weeks, or if the procedure is carried out without the formal approval of two registered doctors. These actions fall under legislation that technically continues to carry a maximum penalty of life imprisonment.
Public attention around the issue has intensified following a number of high-profile court cases involving women charged under current abortion laws. In one instance, a jury cleared a woman of wrongdoing, while another woman had her prison sentence overturned upon appeal.
On Tuesday, a majority of MPs voted—by 242 votes—in support of an amendment brought forward by Labour Member of Parliament Tonia Antoniazzi.
The amendment would ensure that no woman could face legal proceedings for terminating her pregnancy at any point in time. Despite this amendment, the existing laws governing abortion services would remain unchanged.
The proposed change is now included within the broader crime and policing bill. Before it becomes law, it must still undergo a final vote in Parliament and then pass through the House of Lords.
Speaking to AFP, Antoniazzi said, “Women are currently being arrested from hospital bed to police cell and facing criminal investigations on suspicion of ending their own pregnancy.”
She added that the purpose of her amendment is to stop this from happening, noting that now is the right time for such a move.
Currently, abortion remains a criminal offence in England and Wales under the Offences Against the Person Act of 1861, a law originating from the Victorian era. While it still formally allows for life imprisonment, the Abortion Act of 1967 created legal avenues for the procedure to take place.
The law permits abortions up to a gestational age of 23 weeks and six days, provided it is carried out by a certified provider and with the agreement of two medical professionals.
There are limited exceptions allowing the procedure beyond this period, such as when the mother’s life is at risk or when a serious disability is anticipated in the child. During the COVID-19 pandemic, emergency provisions were introduced to allow women to take abortion medication at home up to 10 weeks into their pregnancy.
One notable case that brought renewed scrutiny occurred in May, when Nicola Packer was found not guilty after having taken prescribed abortion medication when she was about 26 weeks pregnant—exceeding the 10-week legal threshold. She told the court during the trial, which followed a four-year investigation by police, that she had been unaware of how far along she was.
“It was horrendous giving evidence, absolutely awful,” she shared with The Guardian following the verdict.
Despite support from women’s rights advocates and medical groups, the proposed amendment has not been without opposition. The Society for the Protection of Unborn Children described the amendment as “the greatest threat to unborn babies in decades.”
The scope of Antoniazzi’s amendment does not alter existing legislation regarding how abortion services are provided or the timeframes for legal procedures. Furthermore, it maintains that anyone assisting a woman to obtain an abortion outside the lawful parameters, including medical practitioners, could still face prosecution.
Over 50 organizations—including professional medical associations, abortion service providers, and advocacy groups—have thrown their support behind the proposal. They point to at least six women who have been brought before a court in England in the past three years for allegedly terminating or attempting to terminate their own pregnancies outside of existing legal frameworks.
In 2023, Carla Foster was sentenced to prison for unlawfully obtaining abortion pills to end her pregnancy when she was between 32 and 34 weeks along. Her sentence was later suspended by the Court of Appeal.
Antoniazzi also emphasized that police have looked into more than 100 suspected cases of unlawful abortion in the past five years. This includes women who had experienced natural miscarriages and stillbirths.
She argued that such investigations are both inappropriate and costly. “It’s a waste of taxpayers’ money, it’s a waste of the judiciary’s time, and it’s not in the public interest,” she stated during an interview with the BBC.
Prime Minister Keir Starmer was asked about the outcome of the vote and responded by affirming that women are entitled to access “safe and legal abortion.”
Abortion was decriminalized in Northern Ireland in 2019. Meanwhile, Scotland is currently undertaking a review of its own abortion laws.
What you should know
UK lawmakers have moved to prevent women from being prosecuted for terminating their own pregnancies, regardless of the timing. The change does not revise existing abortion laws but seeks to end criminal investigations and charges against women under 19th-century legislation still on the books.
The amendment, which passed a key vote in the House of Commons, must still go through the full legislative process before becoming law.
