As a doctor, I urge MPs to decriminalise abortion now

Over the past 20 years, I have dedicated my career to championing women’s rights and their ability to make informed choices about their lives and health. But I am deeply troubled by the fact that in England and Wales, a woman’s right to make those choices is still restricted by outdated abortion laws.

Recent public polling figures show that only 20 per cent of people believe that a woman should be prosecuted for having an abortion outside of legal restrictions. But under the current law, having or providing an abortion outside of strict medical oversight remains a crime that carries a life sentence.

We are at a turning point for reproductive rights as the Crime and Policing Bill makes its way through parliament. An amendment laid in the name of Tonia Antoniazzi presents MPs with an unmissable opportunity to remove women from the criminal law relating to abortion. This would ensure that women in England and Wales are no longer subjected to years-long investigations, criminal charges and custodial sentences for ending their own pregnancies.

I am acutely aware of how vital it is that women can access healthcare in a safe and supportive environment, free from the threat of criminal sanctions. Restrictive abortion law nurtures a climate of fear, stigmatisation and criminalisation, and puts pregnant women at unnecessary risk.

I am seeing first hand the implications of the sudden increase in prosecutions for abortion under these archaic clauses. Women are being criminally prosecuted on suspicion of ending their own pregnancies under a law passed before women even had the right to vote. In the past three years, six women have appeared in court in England charged with ending or attempting to end their own pregnancies outside the abortion law. Before this, only three convictions have been reported of an illegal abortion since the current law was introduced in 1861.

Examples of recent prosecutions include a case heard by an English court in 2024, where a teenager had been arrested at midnight and held in custody for 19 hours on suspicion of ending her own pregnancy. The court was told how she was left “completely broken” by experiencing the trauma of a stillbirth and then being forced to relive the events six years later at her trial.

Abortion that happens outside of the current law generally involves extremely vulnerable women – including victims of domestic abuse, women with a history of mental health problems, women not registered with a GP, and women who are socioeconomically disadvantaged or have difficulties accessing the health system. How can traumatic criminal investigations be the right course of action in a compassionate society that strives for equality, fairness and tolerance?

Decriminalisation does not mean deregulation, or the removal of all rules. This amendment does not change how abortion is provided – or the time limits currently in place. Abortion services should be subject to the same regulatory and professional standards as all medical procedures – ensuring that healthcare professionals can provide the best care for their patients. But all those needing abortion care should be able to access professional healthcare services quickly, easily and safely, without fear of legal reprisal.

The recent increase in investigations and prosecutions of women is alarming, and prompted the Royal College of Obstetrics and Gynaecologists to work with partner organisations to produce clear guidance for healthcare staff on involvement of the police in relation to abortion, pregnancy loss and unexpected delivery. The guidance reminds healthcare staff of their responsibilities to patient confidentiality, and is an important piece of the practical puzzle of making abortion safe and accessible for women, while enabling healthcare staff to do their jobs and provide sound clinical advice without the threat of criminal sanctions hanging over them.

But ultimately, until the law is modernised, abortion remains a criminal offence. No woman should be forced to continue a pregnancy against her will. No woman should face the threat of jail, or the distress of an investigation or prosecution for ending a pregnancy, or for experiencing unexpected or unexplained pregnancy loss. Abortion is a matter of healthcare – not criminality. We are seeing clearly the impact of criminal sanctions and restrictions on abortion rights in the United States, and we must all collectively guard against such outcomes here.

We at the Royal College of Obstetricians and Gynaecologists, along with a significant number of other organisations and medical and legal professionals, call for all MPs who believe in a woman’s right to choose, and to access essential healthcare free from threats of criminal sanctions, to support this amendment. The time for change is now. We cannot continue to stand by while women are subjected to criminal sanctions for seeking abortion care.

We must stand together to protect women’s rights and ensure that abortion is treated as the healthcare it truly is. I am hopeful that, with the support of MPs, we can finally end the criminalisation of abortion and give women the autonomy and respect they deserve.

Ranee Thakar MD FRCOG has been president of the Royal College of Obstetricians and Gynaecologists since December 2022. Ranee is a consultant obstetrician and urogynaecologist at Croydon University Hospital and honorary senior lecturer at St George’s University of London