A History of Abortion in the UK

Abortion in the United Kingdom has a long and contentious history, shaped by shifting moral attitudes, medical practices, religious influence, and political activism.

From being an unregulated but tolerated procedure in the early modern period to becoming a criminal act in the 19th century—and later partially legalised in the 20th—abortion law has always mirrored deeper societal anxieties about gender, class, morality, and control over women’s bodies.

Early History

Before the 19th century, abortion was generally regulated by custom and religious doctrine rather than by codified law. In both English common law and early Christian theology, the crucial point was “quickening”—the moment when a pregnant person could first feel fetal movement, typically around 16 to 20 weeks. Abortion before quickening was rarely prosecuted and often not viewed as a serious crime.

Herbal abortifacients were widely used by women and midwives, and abortion was often seen as a private matter, particularly among working-class women who faced economic pressures and social stigma from illegitimacy or poverty.

Victorian Criminalisation of abortion

The legal landscape changed drastically with the Offences Against the Person Act 1861, which made abortion illegal in all circumstances. It became a criminal offence for any woman to “procure her own miscarriage,”  and punishable by life imprisonment, and criminalised anyone supplying or using substances or instruments for the purpose of abortion.

This law marked a turning point by transforming abortion from a moral or medical issue into a legal one, inserting the state into the private lives of women in a way that was unprecedented. It reflected wider Victorian anxieties about female sexuality, social control, and the protection of the foetus over the autonomy of the pregnant person.

The criminalization of abortion led to increased risk of death for women attempting unsafe procedures, and fuelled a culture of secrecy and stigma around abortion. It also exacerbated existing societal inequalities and led to criminalization of those providing or supporting abortion, rather than focusing on health care.

The Bourne Case

A pivotal moment in abortion law came with R v. Bourne (1938). Dr. Aleck Bourne, a gynaecologist, performed an abortion on a 14-year-old girl who had been raped by soldiers. He was prosecuted under the 1861 Act but successfully argued that the abortion was necessary to preserve the girl's physical and mental health.

The judge accepted this defence, setting a precedent that allowed abortion under certain circumstances to protect the woman’s health. Though the law had not been formally changed, Bourne’s case created a legal loophole that sympathetic doctors could use—sparking debate and paving the way for reform.

The Abortion Act 1967

The most significant reform came with the Abortion Act 1967, passed after sustained campaigning by groups such as the Abortion Law Reform Association and supported by MP David Steel. The Act legalised abortion in England, Scotland, and Wales under specific conditions:

• Two registered doctors had to agree that continuing the pregnancy posed a greater risk to the physical or mental health of the pregnant woman or her existing children than termination would.

• Abortion was permitted up to 28 weeks’ gestation (reduced to 24 weeks in 1990 under the Human Fertilisation and Embryology Act).

• The procedure had to be carried out by a registered medical practitioner in an approved hospital or clinic.

  
  

The 1967 Act was a major victory for women's reproductive rights, though it was never extended to Northern Ireland. It did not fully decriminalise abortion, as the 1861 Act still applied outside the exceptions it carved out. Nevertheless, the Act dramatically improved access, particularly for middle-class women able to navigate the medical system.

Northern Ireland and the Fight for Reform

For decades, abortion remained largely inaccessible in Northern Ireland, where the 1967 Act did not apply. Under the Offences Against the Person Act 1861 and the Criminal Justice Act (NI) 1945, abortion was illegal except in extremely limited circumstances.

This created a deeply unequal system within the UK. Thousands of women from Northern Ireland travelled to England and Wales to access abortion services, often in secret and at significant personal cost. Others turned to illegal abortions or, in recent years, ordered abortion pills online—risking prosecution.

Campaigners fought tirelessly for reform, and in 2019, following the collapse of the Northern Ireland Assembly, the UK Parliament intervened. The Northern Ireland (Executive Formation etc.) Act 2019 led to the decriminalisation of abortion in Northern Ireland and the introduction of new regulations in 2020, bringing legal access into alignment with the rest of the UK.

Current Legal Framework

Today, abortion in the UK remains legal under the 1967 Act’s framework:

• Up to 24 weeks, if continuing the pregnancy poses a greater risk to the woman’s mental or physical health.

• After 24 weeks, only in cases where there is a substantial risk to the woman’s life, or evidence of severe fetal anomaly.

Importantly, abortion has not been fully decriminalised. The Offences Against the Person Act 1861 is still in force in England and Wales, meaning abortion outside the conditions of the 1967 Act remains a criminal offence punishable by life imprisonment. As of 2024, campaigners continue to push for full decriminalisation. In Scotland, the same laws apply in principle, though implementation may vary due to devolved healthcare systems.Recen Develoents and Ongoing Debates

Several developments have shaped the contemporary abortion landscape in the UK:

• Telemedicine: In response to the COVID-19 pandemic, the UK government temporarily allowed home use of early abortion pills (mifepristone and misoprostol). This change was made permanent in England and Wales in 2022, significantly improving access.

• Criminal Prosecutions: In recent years, several women have been prosecuted under 19th-century laws for self-managed abortions—sparking outrage and calls for reform from medical and human rights groups. Put forward by Labour MP Tonia Antoniazzi, on 17 June 2025, MPs voted to back the decriminalistion of abortion in England and Wales. A seperate campaign is being pursued in Scotland.

• Decriminalisation Campaigns: Organisations like the British Pregnancy Advisory Service (BPAS) and Sister Supporter are campaigning to remove abortion from criminal law entirely and treat it purely as a matter of healthcare and human rights.

• Buffer Zones: In 2022, legislation was passed to create buffer zones (safe access areas) around abortion clinics in England and Wales, preventing anti-abortion activists from harassing patients and staff.

Abortion, Class, and Race

Abortion access in the UK has always been shaped by class and race. While the law is formally equal, barriers such as stigma, lack of transport, immigration status, and language can disproportionately affect marginalised women. Migrant women, asylum seekers, and those without secure immigration status may be denied free abortion care or face surveillance by authorities when seeking healthcare.

Black and South Asian women often report feeling judged or dismissed by health professionals, and feminist organisations have long criticised mainstream reproductive rights activism for failing to engage with these intersectional inequalities.

 The history of abortion in the UK reveals a broader story about control—of women’s bodies, of medical authority, and of legal power. While major strides have been made since the dark days of criminalisation and backstreet abortions, the legal framework remains fragile, and access is still unequal. Full decriminalisation and a rights-based approach to reproductive health remain urgent goals for feminist activism in Britain.

May 2025