Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, what guidance is available to emergency clinicians where a woman presents following the self-administration of abortion medication outside the provisions of the Abortion Act 1967, the pregnancy remains ongoing, and the foetus may be viable, including guidance on maternal treatment, foetal assessment, onward obstetric referral and neonatal planning.
Section 241 of the Crime and Policing Act 2026 changed the application of abortion-related criminal offences to a woman acting in relation to her own pregnancy, it did not alter the professional duties of healthcare professionals or the clinical principles governing the care of a baby born alive.
Clinical decisions about the care of a baby born showing signs of life should be made in the baby's best interests and in accordance with established professional guidance, taking account of the baby’s clinical condition.
Existing professional guidance, including from the British Association of Perinatal Medicine’s Perinatal Management of Extreme Preterm Birth Before 27 Weeks of Gestation (2026), and the Royal College of Obstetricians and Gynaecologists’ Position statement following Chief Coroner’s Guidance no. 45, “Stillbirth and Live Birth Following Termination of Pregnancy” are relevant to these circumstances.
The Department wrote to independent sector abortion providers in June 2026, following the commencement of section 241 of the Crime and Policing Act 2026, explaining that this change in the law does not change the Abortion Act 1967, and therefore the provision of lawful abortion services, or the clinical, professional, or legal responsibilities of healthcare professionals in relation to abortion. The letter also emphasised that existing clinical frameworks, professional standards, and safeguarding duties continue to apply in full. The letter was disseminated by NHS England to integrated care board and trust chief executives, medical directors, and chief nursing officers, and copied to NHS England regional directors, medical directors, chief nurses, and directors of commissioning.