Changes to the law on abortion in England and Wales

The purpose of this briefing is to provide an overview of how the law on abortion in England and Wales has changed following the assent of the Crime and Policing Act 2026. It does not comment on, or add to, the debate on the ethics of abortion.

Abortion is a medical intervention through which a pregnancy is ended and does not result in a live birth. It is sometimes referred to as a ‘termination of a pregnancy’. Abortion is lawful in England and Wales provided the criteria in the Abortion Act 1967 are met. The 1967 act provides that abortions carried out in accordance with the conditions in the act will not be criminal offences under the Offences Against the Person Act 1861 and the Infant Life (Preservation) Act 1929.

Changes to the law on abortion since 2020

Since 2020, there have been several changes to the law on abortion in England and Wales.

Early medical abortion

First, the law was changed in relation to early medical abortion. A medical abortion involves taking two different medicines (tablets) to end the pregnancy, usually one or two days apart. It is distinct from a surgical abortion, which involves an operation to remove the pregnancy from the womb. A medical abortion is defined as ‘early’ in cases where a pregnancy has not exceeded nine weeks and six days. The pre-pandemic arrangements in England and Wales for early medical abortion involved taking the first tablet (mifepristone) at a hospital or clinic, while the second tablet (misoprostol) could typically be taken at home.

Temporary measures were put in place, at the start of the covid-19 pandemic, to allow both tablets for early medical abortion to be taken at home, without the need to attend a hospital or clinic first. The same medical consultation requirements remained but could be provided via a video link, over the telephone or by other electronic means. Section 178 of the Health and Care Act 2022 made this arrangement permanent in England and Wales. These changes are considered in detail in the Commons Library briefing on Early medical abortion at home during and after the pandemic.

Criminal law on abortion

Second, the criminal law on abortion was changed by the Crime and Policing Act 2026.

Section 241 of the 2026 act disapplies the existing criminal law on abortion in England and Wales for women acting in relation to their own pregnancies, at any gestation (any stage of the pregnancy). Specifically, it disapplies sections 58 and 59 of the Offences Against the Person Act 1861 and the Infant Life (Preservation) Act 1929. This means it would not be a criminal act for a pregnant woman to procure her own abortion, at any stage of the pregnancy.

Pardons

Finally, section 242 of the Crime and Policing Act 2026 makes provision for pardons, and the erasure of criminal records, for those women who were convicted, cautioned, arrested or investigated on suspicion of an offence under the law related to abortion. The provision applies only to women, both living and deceased, where they were acting in relation to their own pregnancy.

What aspects of abortion law have not changed?

The Abortion Act 1967 remains in place. This means the law regarding the provision of abortion services in a healthcare setting has not changed. The 2026 act does not make any changes to the gestational time limits for an abortion, the requirement for two registered medical practitioners to agree to the procedure, and the location requirements governing where an abortion can take place. These all remain the same and are not changed by section 241 of the 2026 act.

It also remains a criminal offence, for example, for another person to administer or procure an abortion outside the criteria of the 1967 act, or for another party to intentionally end the life of a foetus capable of being born alive.

The existing clinical framework for abortion remains in place and abortion is still subject (like other medical procedures) to regulatory and professional standards.

Stakeholder reaction

Many medical royal colleges and public health bodies have welcomed the amendments to the law on abortion introduced by the Crime and Policing Act 2026, with one group describing the provisions as a “landmark change”.

Some religious bodies, and groups that campaign against the decriminalisation of abortion, have expressed concerns about the changes. The Catholic Bishops’ Conference of England and Wales said it was “deeply alarmed” by provisions in the act that, it says, “effectively decriminalises abortion in England and Wales”.