The Legalisation of Abortion (AQA A-Level History): Revision Notes
The Legalisation of Abortion
Context before 1967
Before the Abortion Act 1967, abortion remained a criminal offence in Britain except when the woman's life faced immediate danger. This legal restriction created a dangerous underground market for abortion services. Approximately 100,000 illegal back-street abortions occurred annually, many resulting in serious medical complications and, in some instances, death.
The illegal abortion trade created a two-tier system: wealthy women could sometimes access safer procedures through private means, whilst poor and vulnerable women faced life-threatening conditions in unregulated settings.
Women seeking abortions faced an impossible situation. Those who could afford private healthcare might access competent practitioners and maintain privacy, though success remained uncertain. However, many women—particularly young, isolated, and frightened individuals—had no safe options. They turned to unqualified 'doctors' operating without proper medical facilities, risking their health and lives rather than facing the social consequences of an unwanted pregnancy becoming public knowledge.
The situation demanded urgent reform to prevent unwanted pregnancy from becoming a life-threatening crisis. Women were literally dying because of the legal restrictions on abortion.
The thalidomide crisis
The momentum for abortion law reform gained strength following the thalidomide scandal. This drug, originally developed as a sleeping pill and prescribed to pregnant women during the late 1950s and early 1960s to alleviate morning sickness, caused catastrophic harm. Medical professionals subsequently discovered that thalidomide produced disastrous effects on unborn children, with infants born exhibiting severe limb malformations—some had no limbs, others only short stumps.
Abortions were performed to prevent babies with this condition from being born. The situation exposed a troubling inconsistency: authorities permitted abortions in these circumstances yet prevented them for other reasons. This apparent hypocrisy highlighted the need for reform.
Between 1953 and 1966, several unsuccessful bills attempted to change the law, demonstrating growing parliamentary concern about the issue before the eventual breakthrough. The thalidomide crisis provided the moral imperative that finally made reform politically viable.
David Steel and the parliamentary campaign
David Steel, a young Scottish Liberal MP who had won his seat in a 1965 by-election, introduced a Private Member's Bill to legalise abortion. His youth and political position made him an unlikely champion—at 29, he was the youngest MP when the bill passed, earning him the nickname 'baby of the house'. Jenkins later acknowledged his achievement, praising Steel's 'exceptional courage' in advancing the bill despite lacking a substantial party organisation or large constituency majority.
Steel's success was particularly remarkable given his political circumstances. As a Liberal MP with a narrow majority, he lacked the institutional backing that major party members might have enjoyed. His achievement demonstrated how a determined individual could drive significant social reform through Parliament.
The bill faced opposition from various quarters. Notably, Leo Abse—who had championed divorce reform and would later support the Sexual Offences Bill—opposed Steel's abortion legislation. Jenkins found it remarkable that Abse could be treated as a hero when debating divorce reform or sexual offences legislation, yet became characterised as a 'hobgoblin' in abortion debates.
Despite this opposition, sufficient Commons support enabled the bill's passage. Several all-night sittings on government business maintained attendance levels high enough to push the legislation through Parliament. The bill received royal assent and became the Abortion Act 1967.
Provisions of the Abortion Act 1967
The Legal Framework
The Abortion Act 1967 established a legal framework for terminating pregnancies under specific conditions. The law required approval from two doctors, who had to determine that the abortion was necessary because of either medical or psychological need. This two-doctor requirement aimed to prevent abuse of the system whilst ensuring women could access terminations when genuine health concerns existed.
The Act represented a careful balance between permitting abortion and maintaining medical oversight. Women could no longer be forced to continue pregnancies that threatened their physical or mental wellbeing, yet the approval process ensured decisions involved qualified medical professionals rather than being made unilaterally.
Impact and outcomes
Following the Act's implementation, the number of legal abortions rose substantially. However, comparing post-1967 figures with earlier data proves difficult because of the underground nature of most pre-Act terminations. Many illegal abortions went unrecorded, making accurate statistical comparison impossible.
The rise in recorded abortions after 1967 likely reflected the transition from unrecorded illegal procedures to documented legal ones, rather than necessarily indicating a dramatic increase in the total number of abortions being performed.
Access to legal, safe abortions through the NHS provided women with proper medical care and eliminated the dangers associated with back-street procedures. Importantly, this increased access to legal abortion services did not lead to an increase in promiscuity, contradicting fears expressed by some opponents of the reform. The Act fundamentally changed women's reproductive rights, giving them greater control over their futures and protecting them from the life-threatening consequences of illegal terminations.
Key Points to Remember:
- Before 1967, abortion was illegal except when the mother's life was in danger, forcing approximately 100,000 women annually into dangerous back-street abortions
- The thalidomide crisis (causing severe birth defects) exposed inconsistencies in abortion law and accelerated reform momentum
- David Steel, a 29-year-old Liberal MP, successfully steered the Abortion Act through Parliament via a Private Member's Bill despite opposition
- The Abortion Act 1967 required two doctors to approve abortion on medical or psychological grounds
- Legal abortion access through the NHS removed life-threatening dangers without increasing promiscuity