For decades, abortion has been legal in the United Kingdom up to 24 weeks—the same time period that was guaranteed by Roe v. Wade—and later in exceptional circumstances when approved by two doctors. But last week, British lawmakers voted to decriminalize abortion beyond these limits—which would allow women to end their own pregnancies at any stage, for any reason, with no legal repercussions.
Members of parliament voted in favor of this amendment after just two hours of debate in the House of Commons, with 379 to 137 in favor of the change. It will now advance to parliament’s second chamber, the House of Lords, for review.
The amendment’s supporters argue that full decriminalization is the next frontier in reproductive rights. In principle, they argue, no woman should be put through the upsetting ordeal of a criminal investigation after her pregnancy ends. Nor should a woman be prosecuted for ending her own pregnancy. They believe abortion should be seen as a human right.
In fact, another proposed amendment—which did not advance to a vote—would have gone even further, explicitly enshrining abortion as a human right, essentially removing all regulations and allowing healthcare professionals to abort viable babies on demand up until birth as well as allowing women self-inducing abortions at home.
Stella Creasy, the Labour MP sponsoring the more radical of the two amendments, argued that “U.S. colleagues warn of the compromises made in the Barack Obama and Joe Biden years on securing abortion rights that left them so exposed.”
But for some, the lesson from America is quite different. Many British feminists denounced the new amendment as wrong in principle, and counterproductive in strategy. They warn that when one side of a controversial movement goes too far, the result is that the pendulum swings too far the other way. Responding to Creasy, Janice Turner, a columnist for The Times of London and a prominent feminist, wrote on X: “No, the lesson on abortion rights from America is uphold public consensus. Not pursue extreme change by the back door which will fuel an anti-choice backlash.”
The abortion debate is often framed in terms of competing rights. In early pregnancy, most Brits agree that a woman’s right to autonomy trumps the embryo or fetus’s right to life. But later in pregnancy, that consensus flips. Two-thirds of the public support abortion access before 24 weeks and the same amount oppose it after 24 weeks (except in extreme circumstances, such as when the mother’s life is at risk). Only 3 percent of British women believe that the abortion limit “should be extended to birth.”
With advances in neonatology, fetal viability is now considered between 22 and 24 weeks, depending on a hospital’s resources. This is around the time that a baby is capable of feeling pain. By 32 weeks’ gestation, over 95 percent of babies born will survive, the vast majority of whom will have no long-term health complications. In the third trimester, babies are physically indistinguishable from premature and newborn infants.
Some abortion absolutists argue that babies don’t have any rights until they’re born. But many within the pro-choice camp recoil at this extremism. Kathleen Stock, another prominent feminist, wrote on X in reaction to the news: “It sounds dementedly callous to try to deny the interests of babies in this sort of issue by defining them out of existence, or just ignoring the fact they do exist at all.”
“Late-term abortions kill babies,” she added. “Viable babies.”
Under preexisting British law, women whose pregnancies have advanced beyond 10 weeks cease to be eligible for medication abortions—where the drugs mifepristone and misoprostol are respectively administered to cut off nutrients, then expel the fetus. Before 15 weeks, a “vacuum aspiration” can be performed, removing the fetus through suction. Between 15 and 24 weeks, the procedure is “dilation and evacuation,” which involves dismembering and extracting the fetus with forceps.
In the limited circumstances that abortion is permitted in Britain beyond 24 weeks—for instance, for a fatal fetal abnormality or a disability such as Down syndrome—the method is “feticide,” injecting a lethal drug into the baby’s heart through the mother’s abdomen, then inducing a stillbirth. These later abortions are rare (less than 1 percent of total abortions).
But since the 2020 pandemic, Britain has allowed for abortion pills to be dispensed by mail and administered at home. Supporters argued that it was more convenient for women to have abortions in their own homes; critics argued it would open the door to abuse and endanger women who take the drugs later than designed.
At its most successful, the pro-choice movement recognizes that late-term abortion is not a winning issue, and the best path to consensus is moderation.
Indeed, some women have reportedly lied about how far along they were in their pregnancies and taken abortion drugs at home beyond the legal limit and without medical approval or supervision. Beyond the first trimester, this method becomes increasingly dangerous or even life-threatening for the pregnant woman. It’s also incredibly painful.
And women who did this have been prosecuted.
Take Carla Foster, a 44-year-old mother of three who, in May 2020, was between 32 and 34 weeks pregnant when she pretended to be in the first trimester to get abortion pills by mail. Foster wanted the abortion because she didn’t want her estranged partner to learn she was sleeping with other men. Foster was hospitalized after taking the drugs as her daughter, Lily, was born dead. In 2023, a judge sentenced Foster to 28 months, half of which will be spent in custody.
The amendment’s sponsor, Tonia Antoniazzi, a Labour MP, shared Foster’s story as proof of why the change in law is necessary. She also spoke about a handful of women who had been prosecuted or investigated for ending their pregnancies in the UK—including Nicola Packer, 45. In November 2020, Packer acquired abortion pills after telling her healthcare provider she was fewer than 10 weeks pregnant. But she wound up in the hospital with complications, delivering a baby estimated to be 26 weeks’ gestation. After that, she was arrested.
The Crown Prosecution Service argued she had lied to get the drugs; she claimed she did not know how far along she was. In the end, Packer was cleared by a jury.
Antoniazzi argues that abortion should be decriminalized to spare women the ordeal of being investigated after an already traumatic medical event.
Another supporter of the amendment, Dr. Sonia Adesara—a doctor and spokeswoman for Doctors for Choice UK—said: “We’re not changing the time limits in this law. We’re just stopping the prosecution of women.”
She was speaking to pro-choice Talk TV presenter Julia Hartley-Brewer, who disagreed. “If you abort your baby at seven or eight months and there’s no medical reason for that, yes, I think you should be prosecuted,” she said. “I would like you stigmatized. I think you’re a baby killer.”
“A woman who kills her baby the day after her baby was born would be prosecuted for murder,” she went on. “But a woman who kills her baby the day before her baby is due to be born—that would be okay? I don’t think that’s going to sit right with the British public.”
At its most successful, the pro-choice movement recognizes that late-term abortion is not a winning issue, and the best path to consensus is moderation. For instance, Helen Lewis, the British feminist and Atlantic staff writer, has attributed the success of the 2018 abortion referendum in Ireland to a campaign that “presented pro-choice beliefs as sensible, compassionate, and mainstream.”
“It shouldn’t be taboo for activists to entertain compromise, and to acknowledge the reality of principled opposition to abortion,” she wrote in 2022. “In the U.S., there has never been a better slogan for defending abortion rights than ‘safe, legal, and rare.’ ”
But in the U.S., today’s abortion activists speak more in terms of absolute rights than commonsense compromises, with campaigns like “Shout Your Abortion”—which allow their more conservative opponents to appeal to moderates. During his campaign, Donald Trump attacked the most extreme pro-choice activists, who refused even to say if they supported any limits at all, while simultaneously moving his party’s stance closer to the center. As I wrote previously, this strategy paid off.
This is the real lesson from America for pro-choice Brits, as a few feminists have recognized.
“There is no good case for full decriminalization as voted for today,” wrote Kathleen Stock on X. “And there is no genuine political will for it either, because most people haven’t been slowly boiled in a vat of hyperliberal feminism.”
“All this will do is further undermine the legitimacy of feminism generally,” she argued, “and also undermine public trust in lawmakers.”
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