Abortion Act 1967

Summary

The Abortion Act 1967 sets out the circumstances in which a termination of pregnancy is lawful in England, Wales, and Scotland; it does not extend to Northern Ireland (where abortion was decriminalised separately in 2019–2020). Under s.1 a termination is lawful where two registered medical practitioners are of the opinion, formed in good faith, that one of the statutory grounds applies — most commonly that continuing the pregnancy would involve a greater risk to the physical or mental health of the woman (or her existing children) than termination, up to 24 weeks. There is no time limit for the grounds concerning grave permanent injury, risk to the woman's life, or a substantial risk of serious fetal abnormality. Treatment must normally be carried out by a registered medical practitioner in an NHS hospital or approved place, and s.4 preserves a right of conscientious objection to participating in treatment.

Key Points

• Lawful where two doctors certify in good faith that a statutory ground applies; the main 'health' ground (s.1(1)(a)) has a 24-week limit
• No time limit where termination prevents grave permanent injury, risk to the woman's life, or for substantial risk of serious fetal abnormality (s.1(1)(b)-(d))
• Must normally be carried out by a registered medical practitioner in an NHS hospital or approved place
• Conscientious objection — no person is under a legal duty to participate in treatment, except to save life or prevent grave injury (s.4)
• Applies in England, Wales, and Scotland — not Northern Ireland

Parts & Sections

Amendments History

Frequently asked questions

Does the Abortion Act 1967 apply in Northern Ireland?

The Abortion Act 1967 applies in England, Wales, and Scotland. It does not extend to Northern Ireland, where abortion was decriminalised separately between 2019 and 2020. The Act sets out the specific circumstances under which a termination of pregnancy is considered lawful within these jurisdictions.

What conditions must be met for a termination to be lawful?

A termination is lawful if two registered medical practitioners are of the opinion, formed in good faith, that a statutory ground applies. The most common ground is that continuing the pregnancy poses a greater risk to the physical or mental health of the woman or her existing children than termination would. This specific health ground applies up to 24 weeks of pregnancy.

Is there a time limit for all types of abortion?

There is no time limit for terminations based on grounds concerning grave permanent injury, risk to the woman's life, or a substantial risk of serious fetal abnormality. These grounds are distinct from the main health ground, which has a 24-week limit. The Human Fertilisation and Embryology Act 1990 removed the time limit for these specific grounds.

Where must an abortion be carried out?

Treatment must normally be carried out by a registered medical practitioner in an NHS hospital or an approved place. The Act also requires the Secretary of State to make regulations for the certification of opinions and the notification of terminations to the Chief Medical Officer to ensure compliance with the law.

Can a doctor refuse to perform an abortion on conscience grounds?

Section 4 of the Act preserves a right of conscientious objection. No person is under a legal duty to participate in treatment authorised by the Act if they have a conscientious objection. However, this duty is not waived if participation is necessary to save a life or prevent grave permanent injury.