The Human Fertilisation and Embryology Bill 2007-8
Briefings from the Christian Medical Fellowship
Background
Since the 1967 Act was implemented in 1968, two separate doctors have been required to certify 'in good faith' their belief that the proposed abortion will be performed in accordance with the law. It is now suggested by liberalisers that the law be changed to allow what would effectively be 'abortion on demand' in the first trimester.
The signature of only one doctor would be required, as per a consent form for any other operation. This recent discussion has been entirely about medically safe practice, with claims that the current requirement is unnecessarily obstructive and has caused potentially dangerous delays.
Why two signatures?
However, the requirement for two signatures is a medico-legal one. It reflects Parliament's recognition in 1967 (not altered in 1990) that any doctor facing a woman requesting abortion has two patients to consider, and that it is being proposed intentionally to end the life of the more vulnerable one. The Act never made abortion legal; it conferred upon doctors a possible defence against illegality under the Offences against the Person Act.
In the requirement for two signatures, and as, for example, with cremation certificates, the two doctors are expected to 'police' each other. Properly performed, there would be the incidental benefit of two opportunities for counselling.
That the profession at large has failed in this, and that the process has often become a sham, is not a reason for removing this provision from law. Rather, the law must be respected and enforced. This would offer protection, as intended, to the foetus, to the woman, and to the doctors involved.
CMF policy
The current legal position must be upheld, and should be enforced.
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