Jersey’s abortion law is set for its most significant overhaul in nearly three decades after States Members voted to approve legislation to replace the island’s 1997 framework with a new system allowing terminations on request up to almost 22 weeks of pregnancy.
The Draft Termination of Pregnancy (Jersey) Law, lodged by the Health Minister, will repeal the existing 1997 law and introduce a modernised legal framework governing abortion services in the island.
Politicians voted to approve the proposition this morning, with 44 votes for to two votes against.
The new legislation will allow pregnancy terminations up to 21 weeks and six days on any grounds – removing the long-standing requirement for those seeking an abortion to prove they are “distressed” to qualify.
Terminations carried out after 22 weeks of pregnancy will only be permitted in specific medical circumstances, such as there being serious risks related to the pregnancy or significant fetal abnormalities.
Assistant Health Minister Andy Howell said the move would provide women with greater choice.
The determination of the 22-week threshold had been a complex matter, she added, but had been “very carefully considered”, with other jurisdictions having set a higher figure, including the UK with 24 weeks.
Deputy Helen Miles, drawing on personal experience after her late brother was born with Down’s Syndrome, said she would be concerned if decisions about termination were influenced by the absence of reliable community support.
“If families want to feel able to continue pregnancies following a diagnosis of fetal anomaly, then the necessary medical, social, and financial support should be in place to enable that choice,” she said.
“The availability and reliability of disability support services should be recognised as a key factor in discussions around termination due to anomaly – if support systems are underfunded, difficult to access, or inconsistent, families will inevitably take that into account when considering their options.”
Deputy Lucy Stephenson said islanders deserved a modern, up-to-date law that was fit for purpose.
She said the existing 1997 law, in addition to being almost three decades old, had been out of date in many respects at the time it was passed, due to being based on the 1967 UK act.
“The world has moved on since 1967, and the Termination of Pregnancy Law should too,” Deputy Stephenson added.
The move, Deputy Howell said, aimed to reflect modern healthcare practice and bring Jersey’s legal framework more closely into line with other developed jurisdictions.
But despite the legal change, abortions after 12 weeks are still unlikely to be routinely carried out in Jersey due to a lack of facilities, staffing and specialist expertise needed to provide later-stage terminations locally.
As a result, islanders who require abortions after around 12 weeks and six days will generally still have to travel to the UK to access treatment.
The new law therefore creates a clear distinction between what is permitted legally and what will actually be available in the island’s healthcare system.
The legislation also formally recognises early medical abortions carried out at home during the earliest weeks of pregnancy, reflecting medical practice already widely used in modern healthcare systems.
The law also introduces criminal offences for practitioners who carry out terminations outside the legal framework or who fail to comply with the procedural safeguards set out in the legislation.
A total of 43 Members voted in favour of the principles of the new law, with Deputies Ian Gorst and Philip Bailhache against, before debate moved onto the details of the legislation.
Terminations will remain a paid-for service in Jersey after a clause regarding fees was passed by the narrow margin of 22-21.
Deputy Howell said that the matter was likely to be reviewed by the next government.