Jersey’s legal abortion limit could increase to 21 weeks under proposed law changes – but terminations beyond 12 weeks will still not be available locally because the island does “not currently have the facilities and skills required to safely deliver later-stage terminations”, it has emerged.
Proposed changes to Jersey’s Termination of Pregnancy Law were set out today in a consultation inviting islanders to give feedback.
It comes amid increasing scrutiny of Jersey’s abortion process, with a £10,000 independent review quietly published last year uncovering a raft of issues in need of addressing – from “distressing” waits to confidentiality concerns and what was described as a “dehumanising” system for seeking financial help.
In Jersey today, abortions are only allowed up to 12 weeks and six days if the pregnancy is causing “distress”.
If approved, the new law would make it legal for islanders to have an abortion for any reason up to 21 weeks and six days of pregnancy.
But it has emerged that abortions beyond 12 weeks and six days will not be provided in Jersey due to limited healthcare resources – except in urgent medical cases.
This means that, while the law will permit later-term abortions, they will not be available on the island.
The consultation states: “Jersey has a small health care workforce when compared to other jurisdictions.
“Given workforce constraints and the need to provide safe services, we know that we will not be able to provide terminations after 12 weeks and six days in Jersey after the amended law comes into force (except for some urgent medically recommended terminations, as is currently the case).
“There will be a difference between what is permitted in law and what is provided in Jersey because we do not currently have the facilities and skills required to safely deliver later stage terminations in Jersey.”
If approved by politicians, the new law would introduce a range of other changes – including removing the current requirement for the patient to be “distressed” in order to have an abortion.
It would also introduce the ability to create safe access zones around termination clinics to protect users from abuse and harassment.
Under the current law, islanders have to consult two doctors before having an abortion, even in early pregnancy.
But if legislative changes are approved, only one consultation with a healthcare professional will be required – but doctors can request more consultations if they have concerns.
Currently, only doctors can provide in-person consultations before an early medical abortion. But under the new law, islanders would be able to consult with a doctor, nurse, or midwife in-person, making services more accessible.
However, only a doctor can prescribe the necessary medication.
Unlike UK law, the new law would not allow video or phone consultations except in emergencies, such as a pandemic.
Islanders currently have to take the abortion pill in front of a doctor – but the new law would allow people to take the the abortion pill at home or another appropriate location, if a doctor determines it is safe.
Under the current law, abortions beyond 24 weeks were only permitted in cases of severe foetal anomalies. The new law would allow abortions at any stage if there is a significant risk of serious foetal anomalies.
Abortions will also be allowed beyond 21 weeks and 6 days if necessary to save the patient’s life, prevent serious harm to their health, or save another foetus.
For late term abortions, the current law requires two doctors to examine the patient in-person. The new law would only require one doctor to examine the patient – but they must consult a specialist, who can be based outside Jersey and consulted remotely.
The proposed legislation would also remove criminal liability for someone who has a termination that does not accord with the law.
However, it will be a criminal offence for someone else to perform an illegal abortion, assist with one knowingly, or coerce someone into having an abortion – including through threats, force, or illegally supplying abortion medication.
The Health Minister has pledged to lodge these law changes before the end of year.
Announcing the consultation, the Government said that feedback from the termination of pregnancy consultation in 2023 helped to shape the legislative proposals.
Assistant Health Minister Andy Howell – who has responsibility for women’s health matters – said: “We want to make sure our legislation reflects societal values, meets the needs of women, and adapts to changes in medical practice.
“We are committed to considering all feedback and aim to have a clear and fit-for-purpose legal framework that takes account of changes in medical practice.”
You can read a summary of the proposed changes to the abortion law here.
Islanders are encouraged to complete the online survey at gov.je/consultations.
The consultation will be open until Monday 14 April.
READ MORE…
Politicians vote to remove abortion residency requirement
Backing for plans to address abortion “inequity” for non-residents
INSIGHT: The “distressing” process of seeking an abortion in Jersey
Could Jersey’s abortion law see first update in quarter-century?
Doctors have “discretion” to waive abortion fees
Quarter-century-old abortion law will not see update until late-2026
FOCUS: “Another cost for the ‘privilege’ of womanhood”
“Deeply concerning” that rape victims have to pay for abortions
FOCUS: Jersey’s “lost” gynaecology ward
IN NUMBERS: What do islanders think about Jersey’s abortion laws?
Contraception survey launched as local options fall further behind UK