Further clarification of time limit for termination of pregnancy performed under Grounds C and D of the Abortion Act 1967
Published 28 March 2019
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The Chief Medical Officer for England, Professor Dame Sally Davies, wrote to all doctors performing termination of pregnancy on 23 July 2018 to clarify the Department of Health and Social Care’s interpretation of the time limit for termination of pregnancy performed under section 1(1)(a) of the Abortion Act 1967 (see also grounds C and D on form HSA1).
As is set out in that letter, the department’s view is that the 24th week of pregnancy is exceeded following the last day of week 23, which is referred to as day 23+6.
In addition, the letter stated that the taking of the second abortion drug or surgical evacuation forms part of the treatment for termination of pregnancy and therefore, in respect of terminations performed under s1(1)(a) of the Abortion Act 1967, all elements of treatment must be completed by day 23+6.
The department has subsequently received representations on this issue and considered the matter further. The department is now satisfied that a feticide effectively ends the pregnancy and if the feticide is at or before day 23+6, the pregnancy cannot be considered to have exceeded the 24th week even if evacuation has not yet taken place.
Evacuation may therefore be performed after day 23+6 would have been reached had the pregnancy continued, although we would expect this to be carried out very soon after feticide. All other elements of the procedure must be completed by day 23+6.