The first references to abortion in English law appeared in the 13th
Century. The law followed Church teaching that abortion was acceptable
until 'quickening', which, it was believed, was when the soul entered
the fetus. The legal situation remained like this for centuries.
| 1803: | The
Ellenborough Act - abortion after ‘quickening' (i.e. when movement is
felt at 16-20 weeks) carried the death penalty. Previously the
punishment had been less severe. |
| 1837: | The Ellenborough Act was amended to remove the distinction between abortion before and after quickening. |
| 1861: | The Offences Against the Person Act: performing an abortion or trying to self-abort carried a sentence of life imprisonment. |
| 1929: | Infant
Life Preservation Act: this created a new crime of killing a viable
fetus (at that time fixed at 28 weeks) in all cases except when the
woman's life was at risk. However, it was not clear whether it would be
legal to terminate for the same reason before 28 weeks. |
In the 19th century and early part of the 20th century, a succession
of laws was brought in to reduce access to legal abortion. These laws
effectively controlled women's lives until 1967. But they did not, of
course, prevent unwanted pregnancy, or the need for abortion. Thousands
of women resorted to back-street abortionists, permanently damaging
their health or dying. Newspapers advertised cures for ‘menstrual
blockages', but women knew they were abortifacients. Many of these were
ineffective and were also poisonous; one of the cheapest, a lead-based
potion, poisoned and blinded many women.
| 1923-33: | Fifteen per cent of maternal deaths were due to illegal abortion. |
| "In
the thirties, my aunt died self-aborting. She had three children and
couldn't feed a fourth ... So she used a knitting needle. She died of
septicaemia leaving her children motherless." |
| "A
high percentage of maternal mortality is due to attempted abortion .....
We, as a House of Commons and as a nation, must face up to that fact
today." |
During the 1930s, women's groups and MPs were deeply concerned about
the great loss of life and damage to health resulting from unsafe,
illegal abortion. The Conference of Co-operative Women was the first
organisation to pass a resolution (1934) calling for the legalisation
of abortion. The Abortion Law Reform Association was established in
1936.
| 1936: | The Abortion Law Reform Association (ALRA) was established; its aim was to campaign for the legalisation of abortion. |
| 1938: | Dr. Alex Bourne was acquitted of having performed an illegal abortion. This set a case-law precedent. |
Two years later, in a landmark case, Dr. Alex Bourne was acquitted
of having performed an illegal abortion. He believed that abortion
should be legal in exceptional circumstances and, most courageously,
admitted having performed an abortion for a gang-raped 14-year-old who
was suicidal. He argued that the law did permit abortion before 28
weeks and did allow abortion when a woman's mental or physical health
was in danger. The court agreed that this was a life-threatening
situation and acquitted Dr Bourne. As a result some women were able to
get a safe abortion. However, uncertainty remained as a psychiatrist's
approval was needed. It was usually only educated and/or relatively
wealthy women who had the resources to find, and pay for, a compliant
psychiatrist.
In 1939, the Birkett Committee was set up by the government to
clarify whether doctors could perform an abortion to save a woman's
life, but their work was interrupted by the outbreak of World War II.
| 1939: |
The Birkett Committee, which had been set up by the Government in 1936,
recommended clarification that doctors could perform an abortion to
save a woman's life. Unfortunately World War II interrupted any
implementation of its findings. |
| 1952-61: | ALRA campaigned unsuccessfully for bills to legalise abortion. Support for reform grew. |
In the fifties, support for reform grew. During the 1960s, fertility
control became more widespread with the growth of the women's movement
and availability of the contraceptive pill. However, illegal abortion
was still killing, or ruining the health of many women. ALRA led the
campaign in support of David Steel MP's private member's bill to
legalise abortion.
| 1967: |
The Abortion Act (sponsored by David Steel, MP) became law, legalising
abortion under certain conditions; it came into effect on 27 April 1968. |
Since its passage in 1967 the Abortion Act has been unsuccessfully
challenged several times by anti-choice ("pro-life") organisations
which aim to restrict access to abortion.
In 1974, the Abortion Act was threatened by James White's private
member's bill, sponsored by an anti-choice organisation. ALRA and other
pro-choice groups combined to defend the 1967 Act against this, and
successive attacks. Whilst ALRA and others made more formal
representations, women's groups organised demonstrations and meetings,
many brandishing wire coat-hangers, symbolic of dangerous back-street
abortion methods. The campaign led to the formation of the National
Abortion Campaign (NAC) in 1975. The first meeting was held in the
House of Commons on 10th March.
| 1975: | The National Abortion Campaign (NAC) was established to protect the 1967 Act and campaign for its improvement. |
| 1990: | The Human Fertilisation and Embryology Bill introduced specific time-limits on abortion; it came into effect on 1 April 1991. |
In 1990, the Human Fertilisation and Embryology Act introduced
controls over new techniques which had been developed to help infertile
couples and to monitor experiments on embryos. Despite attempts to use
this law to restrict abortion rights, the 1990 Act lowered the legal
time limit from 28 to 24 weeks, which is the currently accepted point
of viability. It also clarified the circumstances under which abortion
could be obtained at a later stage.
| 2003: | NAC and ALRA merged to form Abortion Rights. |
|