THE legal abortion limit in Jersey could rise to 21 weeks.

However, terminations after 12 weeks will still not be widely available in the Island because there are “not currently” the facilities and skills required to “safely deliver later-stage terminations”, according to a recently launched consultation.

Proposed changes to Jersey’s Termination of Pregnancy Law were recently set out in the consultation inviting Islanders to give feedback.

The proposals come 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 currently, 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 in the Island.

The consultation states: “Jersey has a small healthcare 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.”

Other changes

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 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 legislation 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 abortion pill at home or another appropriate location, if a doctor determines it is safe.

Removing criminal liability

Currently, abortions beyond 24 weeks are 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 six days if necessary to save the patient’s life, prevent serious harm to their health, or save another foetus.

For late-term abortions, the 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.

Consultation

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.”

Islanders are encouraged to complete the online survey, which closes on Monday 14 April, at gov.je/consultations.