Proposals to permit abortions in Scotland up to birth are being considered by SNP ministers, who are preparing to launch a public consultation on implementing recommendations from a review conducted last year. If enacted, these changes could lead to a significant increase in terminated pregnancies, though legislation is not expected during the current parliamentary year.
The review, initiated when Humza Yousaf was First Minister, proposed an overhaul of abortion laws. Key recommendations included allowing abortions any time up to birth, contingent on the consent of two medical professionals.
Public Health Secretary Maree Todd stated that while the Scottish Government is committed to ensuring abortion services are treated as a healthcare matter, there are no immediate plans to reform abortion law in 2026-27. She emphasized that law reform is a complex process requiring engagement with various stakeholders and a thorough evaluation of evidence, including the expert working group's recommendations. This process, she added, is essential to ensure decisions are evidence-driven and to prevent unintended consequences.
"The Scottish Government is firmly committed to establishing a later-stage abortion service and improving access to abortion at all gestations, so that women can receive care locally," Todd said.
Under current law, abortions are legal before 24 weeks of gestation, provided two doctors agree that specific grounds, such as a risk to the mother's physical or mental health, have been met. The review also proposed removing the requirement for specific grounds and doctor sign-off for terminations before the 24-week mark. Additionally, it suggested fully decriminalizing abortion by removing it from criminal law altogether.
John Deighan, chief executive of the Society for the Protection of the Unborn Child, expressed strong opposition to these potential reforms. He argued that removing abortion from criminal law would eliminate the 24-week legal ceiling, potentially making Scotland's laws among the most permissive globally and allowing for the termination of viable, late-term unborn babies up to birth. Deighan urged First Minister John Swinney to reject such a framework.
Scottish Government's chief medical officer, Professor Sir Gregor Smith, has previously outlined expectations for local abortion service provision up to 24 weeks. Correspondence to health boards last month indicated ongoing variations in access to surgical abortion, services at later gestations, and the necessity for patients to travel for care.