A Scottish Government-commissioned review has recommended decriminalising abortion and allowing terminations on request up to 24 weeks’ gestation, with scope for later abortions in certain cases based on a woman’s psychological and social circumstances. The proposals, which include widening who can authorise abortions beyond doctors, have drawn strong criticism from opponents who say they would create some of the most permissive abortion laws in Europe.
Scotland’s abortion law is currently governed by the Abortion Act 1967, which permits abortions up to 24 weeks of gestation when two doctors agree that statutory criteria are met. This upper limit is higher than in several European countries where abortion on request is generally available up to 12 weeks, although legal frameworks and exceptions vary.
A recent Review of Abortion Law in Scotland, carried out by the Abortion Law Expert Group and commissioned by the Scottish Government, concludes that the existing grounds-based model is “anachronistic, paternalistic and [has] failed to reflect best modern practice” and recommends that abortion be available on request up to 24 weeks. Under the group’s proposals, the requirement for sign‑off would be broadened from two doctors to two "healthcare professionals," extending eligibility to other registered clinicians such as nurses and midwives.
On gestational limits, the Expert Group examined three main options: removing an upper time limit altogether, keeping the 24‑week limit, or reducing it. After reviewing evidence and international examples, the group recommends retaining a 24‑week limit for most abortions but allowing procedures after that point in limited circumstances, where two healthcare professionals agree in good faith that the abortion is appropriate. Their report states that these later abortions could be justified by factors including a woman’s health and her psychological and social circumstances, bringing the law closer to current clinical practice in complex cases.
The report also considers, but does not recommend, inserting an explicit ban on sex-selective abortion into statute. According to The Daily Wire’s account of the report, Professor Anna Glasier, who chaired the Expert Group, argued that a specific prohibition on sex-selective abortion would be unworkable in practice, as it could require either intrusive questioning of all women about their reasons for seeking an abortion or disproportionate scrutiny of women from communities where sex-selective abortion is believed to occur.
No final decision has been taken by ministers on whether to adopt the Expert Group’s recommendations. Scotland’s Minister for Women’s Health, Jenni Minto, has said the government will “take time to carefully consider all the findings,” and any substantial legal change would be expected to go before the Scottish Parliament.
The proposals have already provoked widespread debate. Telegraph columnist Celia Walden described the recommendations as a “dystopian nightmare,” writing that “the idea of engineering your children like you’re picking toppings on a pizza makes me queasy.” Caroline Ansell, director of advocacy and policy for the Christian group Care for Scotland, warned that, “If enacted, we believe they would have heartbreaking consequences for women and babies, including exposing more women to the dangers and harms of late-term abortions.”
Pro‑life organisations contend that the review is out of step with public sentiment. Citing an Ipsos survey of 29 countries, they point to findings that Baby Boomers are, on average, the most likely cohort to support legal abortion, while support is lower among younger adults. The same global study found that a majority of respondents believe abortion should be legal in at least most cases, but support declines for abortions later in pregnancy.
