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Legal Terms - Abortion
Abortion is the medical procedure of removing an embryo or fetus from the uterus at a specific stage of development.
During pregnancy, when a fetus is considered unable to survive on its own (also known as non-viable). According to section 58 of the Offences Against the Person Act 1861, abortion is considered a criminal act unless it is done in accordance with the regulations stated in the Abortion Act 1967. The Abortion Act 1967 specifies the conditions under which a termination is considered legal, as outlined in section 1. In general, a termination is considered legal if the pregnancy is within 24 weeks and if continuing the pregnancy would pose a higher risk to the bodily or mental health of the pregnant woman compared to having an abortion. Under certain conditions, a termination may be allowed after 24 weeks. This includes cases where there is a significant danger that the child, if delivered, will have severe disabilities, or if continuing the pregnancy would result in serious and permanent harm to the physical or mental health of the pregnant mother. The abortion procedure must be conducted in a hospital or clinic that has been officially authorized. Additionally, two medical professionals must provide certification that the termination is required for one of the specific reasons outlined in the legislation. The differentiation between abortion and contraception is of utmost importance. In the case of Smeaton on behalf of SPUC v Secretary of State for Health [2002] EWHC 610 (Admin), [2002] 2 FLR 146, the High Court determined that the use of the "morning after pill", which hinders the implantation of a fertilized egg in the uterus, does not qualify as an abortion. Physicians are not required to carry out abortions if they can provide evidence of a conscientious objection to doing so. According to the case of C v S [1988] QB 135, a husband does not have the authority to prevent his wife from obtaining a lawful abortion if she desires to do so.
Abortion is the medical procedure of removing an embryo or fetus from the uterus at a specific stage of development.
During pregnancy, when a fetus is considered unable to survive on its own (also known as non-viable). According to section 58 of the Offences Against the Person Act 1861, abortion is considered a criminal act unless it is done in accordance with the regulations stated in the Abortion Act 1967. The Abortion Act 1967 specifies the conditions under which a termination is considered legal, as outlined in section 1. In general, a termination is considered legal if the pregnancy is within 24 weeks and if continuing the pregnancy would pose a higher risk to the bodily or mental health of the pregnant woman compared to having an abortion. Under certain conditions, a termination may be allowed after 24 weeks. This includes cases where there is a significant danger that the child, if delivered, will have severe disabilities, or if continuing the pregnancy would result in serious and permanent harm to the physical or mental health of the pregnant mother. The abortion procedure must be conducted in a hospital or clinic that has been officially authorized. Additionally, two medical professionals must provide certification that the termination is required for one of the specific reasons outlined in the legislation. The differentiation between abortion and contraception is of utmost importance. In the case of Smeaton on behalf of SPUC v Secretary of State for Health [2002] EWHC 610 (Admin), [2002] 2 FLR 146, the High Court determined that the use of the "morning after pill", which hinders the implantation of a fertilized egg in the uterus, does not qualify as an abortion. Physicians are not required to carry out abortions if they can provide evidence of a conscientious objection to doing so. According to the case of C v S [1988] QB 135, a husband does not have the authority to prevent his wife from obtaining a lawful abortion if she desires to do so.
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