The Human Fertilisation and Embryology Bill 2007-8
Briefings from the Christian Medical Fellowship
Background
When the 1967 Abortion Act was modified in the 1990 HFE Act, 24 weeks of pregnancy was set as the upper limit for abortion on grounds of risk to the physical or mental health of the pregnant woman and risk to the physical or mental health of any existing children she has. 98% of abortions are performed on these grounds. However, under Ground E, abortion can be performed right up to term if 'there is substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped'. There are problems here of definition and, more importantly, of discrimination.
Problems of definition
Who defines 'risk'? What is 'substantial risk'? What constitutes being 'handicapped'? And 'seriously handicapped'? There is growing public concern about very late abortion for trivial reasons. In 2001 a 28 week foetus was aborted for bilateral cleft lip and palate. There was public outrage. The Crown Prosecution Service declined to prosecute the two doctors involved, satisfied they had decided in good faith that the child, if born, would be seriously handicapped. Other minor abnormalities also reported to have resulted in termination include webbed fingers and extra digits.
Problems of discrimination
Improvements in in-utero surgery, neonatal intensive care, paediatric medicine and surgery, and educational care and community support mean that many abnormalities are now far less significant in the degree of handicap they cause. In any case, society is now very supportive not of discriminating against those with special needs but of discriminating positively for them.
The Christian tradition is to seek out the modern-day equivalents of the 'widows and orphans' of the Bible and to serve them. For Christians, it is not about 'survival of the fittest' but about the strong making sacrifices for the weak.
The current political position
There will now be no Select Committee set up in the House of Lords to review the whole question of abortion law. Lady Masham, disabled herself, has already tabled an amendment in the Lords aimed at eliminating abortion solely on the grounds of disability. A woman whose foetus is diagnosed with a disability could still access abortion on other grounds before the (current) 24 week upper time limit.
Support from the disability lobby
RADAR, the Royal Association for Disability and Rehabilitation, is a secular coalition with no policy on abortion itself, but is supporting the principle of this amendment.
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