Crux

LEICESTER, United Kingdom – In Scotland, the Catholic Church is opposing efforts to decriminalize all abortions in the country. Last year, the Scottish Government’s Expert Working Group on Abortion Law advocated lifting laws in Scotland, which is the only country in the United Kingdom where an unlawful abortion is a criminal offense. In Scotland, abortions in pregnancies before the 24th week are legal if approved by two medical professionals, while other abortions can be performed after the 24th week if certain conditions are met. The UK Parliament recently removed criminal liability for women ending their own pregnancies in England and Wales, but that doesn’t apply to Scotland. The Catholic Parliamentary Office of the Bishops’ Conference of Scotland said it is “deeply troubling” that the Scottish Parliament is looking at changing the current law. “Human life possesses inherent dignity and worth from conception until natural death, and any proposal that would further weaken safeguards for unborn children, including abortion up to the point of birth and sex-selective abortion, raises profound moral and ethical concerns,” the statement said. “Rather than expanding access to abortion, Scotland should focus on providing practical support to mothers, children and families, ensuring that no woman feels alone or without alternatives,” the Catholic office said. “We do not need an extreme abortion law,” the Office said, “Scotland deserves better.” Bishop John Keenan of Paisley spoke to Crux Now via email about the efforts to legalize abortion in Scotland. Crux Now: What are the current laws on abortion in Scotland, and would the recommendations made by the Expert Working Group change them? Paisley: At present, abortion in Scotland is governed principally by the Abortion Act 1967, as it applies to Scotland. Abortion is lawful where the statutory requirements are met. In most cases up to 24 weeks, two registered medical practitioners must form the required opinion under one of the statutory grounds. There are additional grounds permitting abortion after 24 weeks in specified circumstances. In 2025, 18,783 abortions were recorded in Scotland. The Scottish Government’s Expert Working Group on Abortion Law states that more than 98 percent of abortions are authorized under Grounds C and D combined, with the overwhelming majority under C. Ground C applies where ‘continuing the pregnancy would pose a greater risk of injury to the woman’s physical or mental health than abortion’. Ground D applies where ‘continuing the pregnancy would pose a greater risk of injury to the physical or mental health of an existing child/children of the family’. It also reports 277 Ground E abortions in 2025. Ground E, which is the second most common ground, is when ‘there is a substantial risk that, if born, the child would have physical or mental abnormalities resulting in serious handicap.’ For 2024, the Expert Group gives more precise figures: Ground C/D: more than 98 percent of all abortions. Ground E: 280 abortions. Ground E involving Down syndrome: 58. Only 14 abortions took place after 24 weeks, and all 14 were Ground E. It’s important to note that Ground C is much broader in practice than the wording might initially suggest. It covers risk to the woman’s physical or mental health, and the Expert Group acknowledges that there has been a liberal interpretation of C and D over time. The current law does not have a 24-week limit for Ground E. An abortion can legally be performed under Ground E beyond 24 weeks where the statutory requirements are met. That is why, although only 14 abortions in total occurred after 24 weeks in 2024, all of them were Ground E. Babies with Downs Syndrome, cleft palate and club foot can be aborted under Ground E. The Expert Group’s proposed reform would change this law substantially: No specified ground would be required up to 24 weeks, while abortions after 24 weeks would require two healthcare professionals to agree that the abortion is appropriate (with an emergency exception). Expert Group, reporting in November 2025, recommended a significant change in approach. Key recommendations include: No specified legal grounds for abortion up to 24 weeks — in effect, abortion on request within that period. Retaining 24 weeks as the ‘general upper limit’. After 24 weeks, abortion would be permitted where two healthcare professionals agree in good faith that it is appropriate, subject to the proposed criteria. Removing the current requirement for two doctors to certify an abortion before 24 weeks. Allowing appropriately trained registered healthcare professionals, rather than doctors alone, to provide abortions. Repealing common-law offenses relating to women ending their own pregnancies. Introducing a statutory framework governing healthcare professionals who provide abortions outside the legal framework. The Expert Group explicitly rejected a specific carve-out in the legislation for sex-selective abortion. The recommendations would represent a substantial change in Scottish abortion law. It is important to stress that these are recommendations of an expert group, and are not themselves changes to the law. The Scottish Government has committed to consulting on the proposals and legislation would be required to implement them. How does decriminalizing the law really change things, since many abortions can be done legally in Scotland? Under the present system, abortion is not simply an ordinary medical procedure that is lawful whenever a woman and doctor agree. It is lawful because it falls within the statutory framework of the Abortion Act. The Expert Group’s proposal is to move abortion from a criminal-law-based framework with statutory exceptions towards treating it principally as a healthcare matter. The Group explicitly said that decriminalization would not mean deregulation or removing all criminal offenses. Under the proposed changes, there would be no specified grounds for abortion up to 24 weeks, and the principal regulatory framework would be healthcare law, professional regulation and the new abortion legislation. The Expert Group also recommends that there should be no offense for a woman ending her own pregnancy and that relevant common-law offenses should be repealed, paving the way for self-administered abortion up to birth for any reason, including social reasons and on the basis of the sex of the child. Would the changes in the law impact medical personnel caring for pregnant women? Yes. This is one of the areas where the proposed legislation could have significant consequences. The Expert Group recommends that any appropriately trained registered healthcare professional could provide abortion care, rather than restricting the legal role principally to doctors. It specifically envisages that appropriately qualified nurses or midwives could undertake certain procedures where they have the necessary training and competence. There is also an important issue concerning conscientious objection. The Group recommends retaining a conscientious-objection provision but modifying it. In particular, it proposes that someone who conscientiously objects should have a duty to refer a patient to somewhere where they can obtain assistance accessing abortion. This is important for Catholic doctors, nurses, midwives and other healthcare professionals who object to participating in abortion. Consequently, if the recommendations become legislation, the precise wording concerning conscientious objection, referral and institutional participation will be extremely important. What is the Catholic Church offering to do to help women facing crisis pregnancies? Opposing abortion is not intended to mean simply telling a woman not to have one and leaving her without practical support. The Catholic Church in Scotland seeks to support women facing difficult or unexpected pregnancies through parishes, Catholic charities, pregnancy-support organizations and practical assistance, including pastoral, emotional and material support. Both mother and her unborn child deserve care and protection. That means offering practical help where a pregnancy creates difficulties involving poverty, housing, isolation, relationship breakdown, childcare, disability or financial insecurity. It is also important that women experiencing a crisis pregnancy are met with compassion rather than judgment. Catholic teaching rejects abortion while also insisting upon the dignity of women who may feel frightened, pressured or unable to cope. The Church wants a society in which no woman feels that abortion is her only option. We must therefore not only to defend unborn life, but stand alongside women in difficult pregnancies and provide the practical, financial, emotional and pastoral support they need to choose life. Follow Charles Collins on X: @CharlesinRome

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