Disability

UK abortion law and disability

The legal limit for most abortions was reduced from 28 weeks to 24 weeks in 1990 because some babies now survive at 24 weeks.

‘When there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped’ there is no legal limit as to when abortion can take place. (Abortion Act 1967)

British abortion law does not specify which disabilities or conditions can or cannot be grounds for abortion after 24 weeks. The decision is left up to the woman and her doctors.

In 2002:

• 1,863 abortions were carried out on the grounds of disability up to 24 weeks - this represents just over 1% of all abortions for residents of England and Wales.
• In 2002 110 abortions were carried out in England and Wales on the grounds of disability after 24 weeks – this represents 0.06% of all abortions for residents of England and Wales

Arguments supporting abortion for disability

The basic argument about abortion for disability reflects current debate about abortion generally. Those who support the right of a woman to opt for abortion because of a diagnosis of fetal abnormality or disability are often supporters of the right to choose in general:

• Women are capable of making informed choices if they have up to date and accurate facts and support from well-trained professionals, educators, friends, partners and families.
• Whatever the reason for the abortion she is probably the best judge of her own circumstances and capacity.
• Women who choose to end pregnancies because of potential disability can be acting out of compassion, knowing that they do not have the ability to care for a child with special needs.
• There is no guarantee that an adoptive family could be found for a seriously disabled child.
• Many people who support women’s right to abortion because of potential disability are active supporters of rights for people with disabilities and say that the two positions are completely compatible.

Arguments opposing abortion for disability

Many of those who oppose abortion for disability also oppose the rights of women to choose abortion in general:

• Every fetus is a sacred human life and it is morally wrong to end that life.
• The stage of development of the fetus or its state of health are not relevant as all fetuses should be equally valued.
• It is always better to continue with the pregnancy and put the baby up for adoption than to end the pregnancy.
• Some people who are not opposed to abortion in general are uncomfortable that the law allows for abortion for disability later in pregnancy than for other reasons.

Disability rights perspective

The Disability Rights Commission (DRC) argues that the Abortion Act is ‘not inconsistent with the Disability Discrimination Act since the latter is concerned with the rights of living persons. Moreover, the number of terminations made under the [Act] is relatively small, and the DRC has no wish to put in question the Abortion Act as a whole’.

However, the DRC says that the part of the Act concerned with disability ‘is offensive to many people; it reinforces negative stereotypes of disability; and there is substantial support for the view that to permit terminations at any point during a pregnancy on the ground of risk of disability, while time limits apply to other grounds set out in the Abortion Act, is incompatible with valuing disability and non-disability equally…the DRC believes the context in which parents choose whether to have a child should be one in which disability and non-disability are valued equally.’