Legislation

In England, Scotland, and Wales, the Abortion Act of 1967 made abortion legal as long as specific criteria are met. It is possible to have an abortion up to 23 weeks and 6 days of pregnancy (gestation). There is no gestational limit for abortions if there’s evidence of a fatal foetal abnormality or a significant risk to the mother’s life if the pregnancy were to continue.

The Abortion Regulations 2020, allow access to abortions in Northern Ireland, up to 11 weeks and 6 days of pregnancy (gestation). Abortions beyond 12 weeks gestation are lawful in specific instances, such as severe foetal impairment or abnormalities being detected.

With the Regulation of Termination of Pregnancy Bill 2018, In the Republic of Ireland you can legally have an abortion up to 11 weeks and 6 days of pregnancy (gestation). It is possible to access abortion care in the Republic of Ireland if you are over 12 weeks and there is a risk of serious harm or a risk to the life of the pregnant woman or the foetus.

On 24th June 2022, The U.S. Supreme Court overturned Roe v. Wade, the 1973 decision that had provided a constitutional right to abortion. The ruling has ended protection of abortion rights by the United States Constitution and allows individual states to regulate any aspect of abortion not pre-empted by federal law. This has divided states with some making abortion legal at all stages of pregnancy, and others completely banning abortions. There are also some states still in the process of creating their laws since the overturning of Roe V. Wade last year.

Alabama has banned abortions entirely, while Mississippi has banned abortions except in cases of rape, incest or the mother’s life being at risk. California have made abortions legal up until foetal viability, which means that the foetus is able to survive out of the mother’s uterus. Meanwhile Pennsylvania have made abortions legal up to 24 weeks gestation. Alaska and Vermont have made abortions legal at all stages of pregnancy.

A small minority of states are still in the process of changing their legislation, such as Nebraska and Iowa, which currently allow abortions up to 22 weeks gestation, although they are both likely to change to prohibit abortions entirely.

The table below demonstrates the differing legislation in all of the United Sates of America.

Information provided by abortionfinder.org, Apr 2023.

In the EU almost every country has legalised abortion on request or on broad social grounds. A woman can request to have an abortion in most countries in the EU, usually up until between 18-24 weeks gestation.

In some countries, such as Croatia and Germany, abortion is legal on request. This means that doctors or other professionals are not required to certify the existence of a particular reason or justification for the abortion. However, a small number of European countries that have legalised abortion on request, have a distress requirement. These countries include Switzerland and Italy, and require the woman to explain that they are seeking an abortion because of some sort of distress, whether that be social, financial or emotional circumstances.

In other countries, such as Finland and the United Kingdom, abortions are legal on social grounds, meaning that a doctor has to allow the grounds in which an abortion is requested. A number of territories also require women to undergo mandatory counselling or receive mandatory information from their doctors prior to the abortion.

However, six European countries retain highly restrictive abortion laws and do not allow abortion on request or on broad social grounds. Andorra, Malta and San Marino do not allow abortions in any circumstance. Liechtenstein only permits abortions when a woman’s life or health is at risk or the pregnancy is the result of sexual assault. Monaco and Poland authorise abortions when a woman’s life or health is at risk, the pregnancy is the result of sexual assault or involves a severe foetal anomaly.

Below is a table of all the abortion legislation around the European Union.

Information provided by Reproductive Rights.org, Sep 2022.