Draft law scraps time limits on abortions in Jersey

Women will be able to have an abortion at later stages of their pregnancy if a new termination law is adopted.

The draft Termination of Pregnancy (Jersey) Law is the culmination of work spanning almost three years to modernise the current abortion law, which was passed in 1997.

It is estimated that around 300 women travelled to the UK each year to terminate their pregnancy before the original law came into force almost 30 years ago, to avoid prosecution in Jersey.

Rather than amending the 1997 law, which was heavily based on the UK's 1967 Abortion Act and has not been updated since (unlike the rules in England and Wales) the government intends to completely replace the outdated legislation.

Currently, the standard cut-off point for an abortion in Jersey still sits at 12-weeks, whereas in the UK it is up to 24-weeks.

An abortion would only be permitted up to 24-weeks here under rare circumstances, for example, if there is a risk of serious foetal anomalies.

Between 5 - 25 women per year still travel from Jersey to the UK for an abortion.

If this draft Termination of Pregnancies Law is adopted by States Members, women of all ages and any residency would be permitted to have an abortion at any stage of the pregnancy.

Whether healthcare professionals choose to deliver late-stage terminations in Jersey is their choice, so women may still need to go to the UK for an abortion in some circumstances.

Women who come to the island for an abortion would have to pay a different fee to those who have lived in Jersey for at least six-months, and would have to take the medication while in the island, and would not be allowed to take it home with them.

Islanders who are students, under-18s and on income support or have a medical emergency will not be charged for terminating a pregnancy.

There will be two categories, before 22-weeks and after 22-weeks.

22-weeks has been highlighted as a turning point in pregnancy, under international consensus, as there is a chance a foetus can be born alive and survive outside of the womb at this stage, even for a short period of time.

Before 22-weeks gestation, women will no longer need to give a reason for terminating a pregnancy.

At the moment, women are required to justify their decision, citing distress or having a medical reason - physical or mental - as to why they cannot not continue with the pregnancy.

Women will only have to consult one doctor, rather than two, and will be able to make a face-to-face appointment by self-referring to the termination centre.

The Health Department believes this will make it as simple as possible for someone to terminate their pregnancy at the earliest stage, after coming to a decision.

Women will also be able to terminate their pregnancies after 22-weeks gestation on defined medical grounds, such as risk to life or due to serious mental or physical harm.

Last-stage terminations will be permitted in Jersey, but are 'unlikely' as this is subject to whether healthcare professionals have the relevant training, skills and experience or consent to carrying out the procedure.

In the UK, post-20-week abortions tend to happen at specialised clinics, rather than at hospitals or pregnancy termination centres.

Jersey would suggest the following criteria is met:

• Necessary to save a life,

• Prevents serious risk to another foetus,

• Prevents risk to physical and mental health,

• If the foetus has a serious anomaly, which includes definitions, and whether doctors are satisfied that the threshold is met.

In terms of prosecution and offences, women will never be held legally responsible for ending a pregnancy in any manner.

The Health Department has concluded that a woman must be in a vulnerable state to end a pregnancy illegally.

However, if a doctor knowingly terminates a pregnancy which is not in accordance with the law, they will be charged with an offence.

If a woman's pregnancy is ended by a third party without consent, i.e. a partner causing a miscarriage through violence, they could face life imprisonment.

If someone has asked for help with ending their pregnancy outside of a medical setting, the third party could receive a fine or up to 14 years in prison, depending on the severity.

The new law also gives future Health Ministers and States Assemblies the powers to amend the law where necessary to keep it up to date.

This could range from allowing nurses, with training, to deliver termination services in Jersey, updating time limits due to technological advances, or allowing over-the-phone consultations with doctors in the event of another pandemic.