History of Legal Abortion

1861- The Offences against the Person act

Sections 58 and 59 outlaw abortion and made it a criminal offence, punishable by imprisonment, to assist in attempting an unlawful abortion by any means whatsoever.

1929- The Infant Life (Preservation) Act

The crime of child destruction filled a gap in the law and protected babies in the course of being born. This act made it illegal to kill a child ‘capable of being born alive’. If the pregnancy had lasted more than 28 weeks the child was presumed to be viable and was therefore protected. The act was specifically left unaffected by the Abortion Act 1967, but has virtually been set aside by the 1990 Act

1967 The Abortion Act

This does not give a woman the right to an abortion but protects a doctor who performs one from being prosecuted – if two doctors certify that in their opinion, formed in good faith, that an abortion should be carried out. The grounds for legal Abortion are:

Risk to the life of the mother
To prevent grave permanent injury to the physical or mental health of the mother
Risk of injury to the physical or mental health of the mother greater than if the pregnancy were terminated
Risk of injury to the physical or mental health of existing (i.e. born) children
Substantial risk of the children being born seriously handicapped
In an emergency-to save the mothers life
In an emergency- to prevent grave permanent injury to the physical or mental health of the mother

Human Fertilisation and Embryology Act (HFE Act 1990)

Section 37 of the HFE Act amended the 1967 Abortion Act by reducing the time limit for abortions to 24 weeks when performed on grounds C and D of the Abortion Act. The time limit was removed for abortions performed on any other ground enabling them to be carried out up to birth.