Law change proposed to allow abortions for women in Jersey short-term

Politicians in Jersey will be asked to scrap the rule that requires women to have been in the island for 90 days before terminating a pregnancy.

The existing 27-year old Abortion Law requires that person seeking to end their pregnancy is either ordinarily resident in Jersey, or has been in the island for 90 days before the procedure.

The limit for a termination on the grounds of distress is the end of the 12th week of gestation, equivalent to 84 days.

A proposal to the States says that means a woman who is pregnant on arrival in Jersey, or shortly after arrival, is unable to access a termination in Jersey.

Health Minister Tom Binet says it creates a hardship for women who are here short-term, such as those on six-month work permits or who have come to the island for a period of time to care for a relative but who are ordinarily resident elsewhere.

"I don't think [we] want to differentiate between people, it's not something to set people out differently on.

"I think that's the general consensus from everybody."

The Minister's proposal says that, though this change would in theory make it possible for a woman to come to Jersey solely for the purpose of having a termination, there will be 'very limited instances', given they are available in the UK and France to later gestation periods.

A proposed amendment would also require a woman to be present in Jersey during the two legally-mandated consultations before a procedure. 

Current fees are £185 for someone who is entitled to health care in Jersey or £511 for someone not entitled to health care.

The following are exempt from charges:

  • Full-time student (that meets the definition of the student healthcare service 1);
  • On income support;
  • Where pregnancy is a result of rape or incest, without the need to provide evidence;
  • Where fees have been waived upon the outcome of an appeals process.

Following concerns about delays to a wider long-awaited overhaul of Jersey's outdated abortion law, Deputy Binet says more extensive changes will be brought forward in 2025 and 2026.

"There has been various negotiations about the prioritisation of law-drafting for the next 12 months.

"It has been very plain that emotional pregnancy is very important, and I think all concerned have been doing everything they can to make sure we try and get it all done and processed within this parliament.

"There has been a lot of effort made on everybody's behalf to make sure that happens, and it looks like we are going to be able to do that."

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