Jersey Approves New Law Allowing Abortions Up to 22 Weeks

Jersey’s States Assembly has approved new legislation that will allow abortions to take place up to 22 weeks of pregnancy, extending the current limit of 12 weeks in most cases.

Under the existing law, terminations are only permitted beyond 12 weeks if a severe foetal anomaly is diagnosed. The updated law removes that restriction and allows abortions up to 22 weeks, giving women more time to make decisions about their pregnancy.

Assistant Health Minister Andy Howell, who introduced the proposal, said the change recognises that the decision to end a pregnancy can be extremely difficult.

“I think it gives women longer to think about the decision they have got to make,” she said. “It’s the most difficult decision they are likely to make and sometimes they need more time. But I would urge people that if they know they are pregnant, early treatment is the safest option.”

The new law was approved by 44 votes to two.

However, the issue of whether the procedure should continue to be charged for prompted debate among members. A proposal to keep abortions as a paid service passed by just one vote.

As a result, terminations will remain chargeable for most people, though they will continue to be free for under-18s, students, rape victims and those receiving income support.

Under the revised system, people eligible for Jersey’s health care scheme will pay £185 for the procedure, while those who are not entitled to government health care will pay £511.

In the UK, abortions are provided free of charge through the NHS. Howell defended the decision to retain fees in Jersey, noting that wider reproductive health services are under review.

“We are doing a review of contraception services and termination of pregnancy, and it’s all related to women’s reproductive health,” she said. “At the moment it’s chargeable, but we are reviewing it.”

Although the law received broad backing, some politicians argued it did not go far enough. Deputy Montfort Tadier supported the legislation but warned the island risked introducing rules that were already outdated.

“My concern is we are proposing a termination of pregnancy law that is already out of date,” he said. “We are presenting this as great progress, but we are still behind the UK, which has a 24-week limit.”

Deputy Lucy Stephenson also said she would like the time limit to be extended further, particularly in cases where a foetal anomaly is identified during the routine 20-week scan.

“It doesn’t give women or couples many days to make a decision before the law changes category,” she said. “They should have more time for tests, counselling and support so they can make an informed decision.”

Howell said the 22-week threshold had been carefully considered.

“It was thought that this was close to the edge of viability of life – the point at which a foetus would not be able to survive if born,” she said.

The law will now require Royal Assent before it can come into force, and no date for its introduction has yet been confirmed.