New figures released by the Department of Health and Social Care show that the number of abortions involving unborn babies diagnosed with disabilities has risen in England and Wales.
Statistics published in January reveal that 3,205 disability-selective abortions were carried out in 2023. This represents a 2.59 per cent increase compared with the previous year.
Among the figures, 685 babies diagnosed with Down’s syndrome were aborted in 2023. In addition, 40 babies diagnosed with cleft lip or cleft palate were aborted.
Campaigners have suggested that the number of abortions for cleft conditions may be higher than officially recorded. They point to a 2013 review by Eurocat which reported 157 abortions involving cleft lip and palate in England and Wales between 2006 and 2010, while official government data for the same period recorded far fewer cases.
The statistics also show an increase in late-term abortions involving babies with disabilities. In 2023, there were 300 such abortions carried out at 24 weeks’ gestation or later for residents of England and Wales. This is 44 more than in 2022, marking a 17.19 per cent rise.
Under the Abortion Act 1967, abortion is generally permitted up to 24 weeks in England, Wales and Scotland if certain conditions are met. However, Section 1(1)(d) of the Act allows abortion at any stage of pregnancy if there is a substantial risk that the child would be born with physical or mental abnormalities considered to be serious.
In practice, this provision has been interpreted to include conditions such as Down’s syndrome, cleft lip and cleft palate, and club foot. Some of these conditions can be treated after birth. For example, surgery to correct a cleft lip is usually performed within the first few months of life, and treatment for club foot is commonly carried out using the Ponseti method, a minimally invasive procedure.
Unlike most other abortions carried out after 24 weeks, disability-selective abortions do not require evidence of risk to the mother’s life or health. The legal focus is on the likelihood of the baby being born with a disability.
Questions have also been raised about how abortion law relates to wider disability rights protections. The Disability Discrimination Act 1995 made it unlawful to treat a disabled person less favourably because of their disability. The United Kingdom later ratified the UN Convention on the Rights of Persons with Disabilities in 2009. Article 10 of the convention affirms the inherent right to life of every human being and calls on states to ensure that persons with disabilities enjoy this right on an equal basis with others.
The UN Committee on the Rights of Persons with Disabilities has previously recommended that the UK review its abortion legislation to ensure it reflects the principles of the convention, including clarifying that abortion should not be permitted solely on the grounds of disability.
Catherine Robinson, spokesperson for Right To Life UK, said the increase in disability-selective abortions was deeply concerning. She stated that many of the conditions cited under the law do not prevent individuals from living full and meaningful lives. She called for abortion legislation to be reviewed to ensure that unborn babies with disabilities are not treated differently because of their condition.
The latest figures are likely to renew debate about how the law balances medical practice, disability rights and the protection of unborn life.
This is a rewritten version of the original article published on Right to Life.
