THE Island’s abortion service will remain a paid-for facility following a States Assembly decision, by a single vote, to support the government’s right to levy a fee.
While all other parts of the new Termination of Pregnancy Law, the most significant overhaul of legislation in this area for almost 30 years, were relatively uncontentious, the question of fees produced sharp divisions between States Members.
Concerns about maintaining a charge – fees are currently £185, although some women qualify for free treatment – were initially raised by Deputy Kristina Moore, who compared the position with the new right for assisted dying passed by the Assembly last month and designated as a free service. This was “a serious point of principle”, she said.
It was stated that 280 Islanders had undergone abortions in 2024, which would – discounting the proportion who would have qualified for free treatment – have equated to a total cost of £51,000.
Deputy Montfort Tadier said: “It seems to me that if we can’t find £50,000 in an annual budget of £1 billion, and we’re taking women’s rights seriously… there is a strong message that this should be a free service.”
Assistant Health Minister Andy Howell, who has responsibility for women’s health, said that the question of fees would be reviewed by the next government later in 2026, and said she believed it would be wrong to pre-empt this review by making an “on-the-hoof” decision.
The section of the law covering charges was the subject of a separate vote, resulting in 22 votes in favour of maintaining the principle of fees and 21 against it.
A series of other votes on the remaining aspects of the law were far more clear-cut following debates lasting just over two hours in total.
The new laws replaces the existing 1997 law, introducing a modernised legal framework governing abortion services in the island.
Pregnancy terminations up to a gestation period of 21 weeks and six days will be permitted on any grounds – removing the long-standing requirement for those seeking an abortion to prove they are “distressed” to qualify.
Terminations carried out after 22 weeks of pregnancy will only be permitted in specific medical circumstances such as there being serious risks related to the pregnancy or significant fetal abnormalities.
Deputy Howell said the move would provide women with greater choice.
The determination of the 22-week threshold had been a complex matter, she added, but the matter had been “very carefully considered”, with other jurisdictions having set a higher figure, including the UK with 24 weeks.
Deputy Helen Miles said she would be concerned if decisions about termination were influenced by the absence of reliable community support.
“If families want to feel able to continue pregnancies following a diagnosis of fetal anomaly, then the necessary medical, social, and financial support should be in place to enable that choice,” she said.
Deputy Lucy Stephenson said Islanders deserved a modern, up-to-date law that was fit for purpose.
She said the existing 1997 law, in addition to being almost three decades old, had been out of date in many respects at the time it was passed, due to being based on the 1967 UK act.
“The world has moved on since 1967, and the Termination of Pregnancy Law should too,” Deputy Stephenson added.
The move, Deputy Howell said, aimed to reflect modern healthcare practice and bring Jersey’s legal framework more closely into line with other developed jurisdictions.
But despite the legal change, abortions after 12 weeks are still unlikely to be routinely carried out in Jersey due to a lack of facilities, staffing and specialist expertise needed to provide later-stage terminations locally.
As a result, Islanders who require abortions after around 12 weeks and six days will generally still have to travel to the UK to access treatment.
The new law therefore creates a clear distinction between what is permitted legally and what will actually be available in the Island’s healthcare system.
The legislation also formally recognises early medical abortions carried out at home during the earliest weeks of pregnancy, reflecting medical practice already widely used in modern healthcare systems.
The law also introduces criminal offences for practitioners who carry out terminations outside the legal framework or who fail to comply with the procedural safeguards set out in the legislation.
Across the series of votes, totals of either 43 or 44 Members voted in support of the new law, with Deputies Ian Gorst and Sir Philip Bailhache against and one abstention from Constable Richard Vibert.
