Draft Termination of Pregnancy (Jersey) Law 202- (P.16/2026): comments

COMMENTS

Background

The Draft Termination of Pregnancy (Jersey) Law 202- [P.16/2026] (hereafter referred to as, the "draft Law") was lodged au Greffe' by the Minister for Health and Social Services (hereafter referred to as, the "Minister") on the 27th January 2026.

Termination of Pregnancy (hereafter, "ToP") has been legal in Jersey since the 1997 Law. This law was already considered outdated at the time of its introduction as it largely replicated the UK 1967 Abortion Act, which restricts access to termination based on limited, prescriptive grounds such as "distress." Before 1997, around 300 women each year travelled to the UK to avoid criminalisation in Jersey.

A formal review of the 1997 Law was instigated by the former Minister for Health and Social Services in 2023, after the Assembly required new legislation to be lodged by December 2025 due to the Panel's successful amendment to the Government Plan 2025- 20281. The Panel has closely monitored the progression of this workstream and received a briefing on developments in March 2025.

Two major rounds of consultation (Phase 12 in 2023 and Phase 23 in 2025) showed strong support for modernising Jersey's legal framework. Feedback from the public, stakeholders, and healthcare professionals highlighted the need to update the law in line with medical practice and standards in comparable jurisdictions. The draft law is shaped by those consultations and comparative research. If adopted, it will repeal and replace the 1997 Law, modernising provisions to better reflect clinical realities, safeguard access, remove outdated restrictions, and create a future-proof regulatory structure.

The report accompanying the proposition is explicit that changing the draft Law does not automatically expand service provision. Jersey's small healthcare workforce and specialist requirements for later stage terminations mean that procedures after 12 weeks are unlikely to be widely available on Island in the near term. This may create a gap between what the law permits  and  what services  can  safely be  provided locally. Nevertheless, the reform is expected to:

• reduce stigma,

• give clearer guidance to clinicians (particularly around later stage and post 24 week cases), and

• allow  greater  flexibility  through  future  Regulations  and  Orders  (e.g., telemedicine,  private  clinic  approval,  expanding  which  professionals  may provide care).

Consultation

The Panel notes the extensive two-stage consultation process undertaken in 2023 and 2025, which demonstrated strong support for modernising the 1997 Law and updating it to reflect contemporary clinical practice and societal expectations. The proposition clearly identifies that both Phase 1 and Phase 2 consultations supported removing outdated requirements - such as the need to demonstrate "distress" - and supported widening access to services before 22 weeks.

1 P-51-2024-Amd-(10).pdf

2 ToP public consultation feedback report.pdf

3 Termination of pregnancy Phase 2 Feedback Report.pdf

[1]From the Panel's perspective, this consultation was necessary and proportionate. It ensured that women, clinicians, and the wider community were given meaningful opportunities to express their views, and that the new framework is rooted in evidence and informed by professional advice. The Panel accepts the Minister's conclusion that reform is long overdue and that the proposed legislation reflects the direction signalled by stakeholders.

The Panel is satisfied that consultation has been sufficient to justify legislative reform but  emphasises  that  further  engagement  will  be  needed  during  implementation, particularly around public information and clinical guidance.

Charges

The Panel notes that the draft Law does not alter Jersey's current approach to charging for non-medically necessary terminations, with fees remaining payable except for women in exempt groups (under-18s, students, women on income support, cases of rape/incest, and medically necessary terminations).

Although the charging regime is unchanged, the Panel remains concerned that cost may act as a barrier for some women. The proposition also confirms that contraception likewise remains a paid for service in Jersey.

The Panel strongly believes that equitable access to reproductive healthcare must not be dependent on financial means. While accepting that charging policy for reproductive healthcare is outside the scope of this Law, the Panel wishes to place on record that its long-term position is that termination services should ultimately be accessible free of charge and that further work should be undertaken to provide equitable access to contraception, in line with public health best practice, evidence from the WHO45 and comparable jurisdictions.

Communication

The Panel considers clear public communication to be essential to the successful implementation of the new Law. The reforms represent a significant shift from the 1997 framework, and without clear guidance there is a risk of misunderstanding regarding:

• the removal of the 12-week limit for non-medical reasons,

• the circumstances under which terminations from 22 weeks onward may be undertaken,

• limitations in service availability due to workforce constraints; and

• the rights of clinicians, including the right to refuse participation.

The Panel asked the Minister about plans for communicating the changes during it Quarterly Public Hearing[2] on 10th February.

The Director of Health Policy explained;

what we have done is obviously we have published the law, there is a report and proposition that clearly explains the law and what we are working on now is some clear Q. and A.'s (questions and answers) which will be available on gov.je which will help people understand what the law is doing and also what it is not doing as well'.

As the proposition also acknowledges that amending the Law does not automatically expand service provision, particularly for later-stage procedures, the Panel urges the Minister  to  ensure  that  public-facing  information,  clinical  pathways,  FAQs,  and provider guidance are all published and kept current, so that women are able to navigate the system confidently and safely.

Counselling

The Panel welcomes the requirement that women must be provided with information about counselling services before a termination is performed.

The Panel supports the model adopted in the draft Law, which ensures that counselling is  available  and  signposted  but  not  compulsory,  aligning  with  practice  in  most comparable jurisdictions. However, the Panel emphasises that counselling must be:

• accessible,

• genuinely available as soon as possible following initial request,

• adequately resourced,

• culturally sensitive,

• available both pre and post termination, and

• trauma informed.

Also, that adequate mechanisms are in place to ensure the counselling services offered are sufficient and fulfilling the needs of those women who take up the offer. The Panel also notes that clear signposting will be particularly important for women requiring referral to the UK for later-stage care, where emotional and practical pressures may be greater.

Termination before 22 weeks (without grounds)

Whilst Panel members hold different views on the provision of late stage terminations, it is in agreement and supports the modernisation of Jersey's legal framework to permit termination before 22 weeks without the need to justify grounds. The proposition identifies that requiring women to cite "distress" is outdated, stigmatising, and contrary to  WHO  guidance  and  consultation  feedback,  with  74%  of  Phase  1  respondents supporting access without justification

Consultation Requirements

The draft Law removes the existing requirement for a woman to consult two doctors before accessing a termination under the 1997 Law. Instead, for all terminations before 22 weeks, only one in-person consultation with a registered medical practitioner is required. This change is intended to reduce delays, avoid unnecessary duplication of appointments, reduce costs, and ease pressure on limited clinical resources. Clinicians may still seek a second opinion or additional tests if they consider it necessary. The Panel  agrees  that  the  removal  of  this  requirement  is  a  positive  and  progressive development,  ensuring  that  access  remains  safe  and  clinically  robust  while  also supporting women's reproductive autonomy and aligning Jersey with many comparable jurisdictions where early terminations are permitted on request.

The Panel is, however, aware that access depends on system capacity, particularly given the requirement for an in-person consultation. The Panel therefore encourages the Minister to monitor whether this requirement creates delays and to consider use of the Regulation making powers permitting telemedicine models if evidence suggests barriers are emerging.

Remote Access

The draft Law sets a default position that all pre termination consultations must be conducted in person. Remote or telephone consultation is not routinely permitted due to concerns  about  the  accurate  assessment  of  gestation  and  the  ability  to  identify safeguarding risks, including coercion. However, the draft Law builds in flexibility:

• The Minister may temporarily allow remote consultations during exceptional circumstances, such as a pandemic.

• The States Assembly may introduce permanent telemedicine arrangements by Regulation, should future evidence or service needs support this approach.

The Panel would urge the Minister to keep this under review and consider barriers that may  arise  by  not  allowing  remote  consultations,  particularly  for  vulnerable  and marginalised women, particularly those experiencing any form of abuse or coercive control, and to work with Clinicians to provide a viable route for offering remote consultations.

Termination from 22 weeks onwards

The proposition provides a clearer and more modern framework for terminations from 22 weeks and beyond, limited to specific grounds such as saving the woman's life, preventing serious injury, or addressing severe foetal anomaly. It also strengthens safeguards by requiring agreement between two doctors with relevant expertise.

The Panel broadly supports these provisions but stresses that the on-island workforce is unlikely to be able to provide such procedures when the Law comes into force. The proposition section acknowledges that Jersey's limited specialist workforce means later stage terminations, particularly those related to foetal anomaly, will continue to require travel to the UK, with associated stress and trauma for women.

This was discussed at the Panel's Quarterly Public Hearing[3] with the Minister for Health and Social Services, with the Minister and Officers responding to questions regarding workforce capacity and the future provisions of services;

We cannot force you are referring to people in the hospital service being prepared to carry out terminations after a certain period, because I think that is the difficulty that we are referring to. At the moment, we do not have a team of people that are prepared to do that and I do not think it is reasonable, but we cannot insist that people undertake that work. If, over the course of time, through the recruitment process, people come on board that are able to, are qualified and prepared to undertake that work, then that is a provision that would be available. But at this point in time, if it is not something that the people that are doing the work are prepared to offer, then that work has to take place off-Island'.

Even in the event that we are not able to recruit a workforce that can choose to and safely deliver termination services in Jersey, it is nevertheless the case that amending the gestation limits does help remove some of the stigma that is associated with terminations and particularly with later stage terminations.'

Director of Health Policy:

That is an important point because the other thing that amending our law does is it provides legal certainty for our clinicians in Jersey when they refer to the U.K. and that is particularly important because at the moment we in our law in Jersey, we have a 24- week limit for termination in the case of serious foetal anomaly. So if a serious foetal anomaly in Jersey was to be found at the moment and the woman was post-24 weeks and the clinician wished to refer the woman to the U.K. where she could, in their law, have a post- termination on the grounds of a serious foetal abnormality. There is an area of complexity for our commissions, amending the law resolves that complexity.

Nonetheless, the Panel agree that the intent of the changes are clear and supports the clarity provided to clinicians and removal of stigma that may be associated, particularly with late-stage termination and having to travel for a procedure that is not lawful where you live.

The Panel also notes that the consultation included questions relating to the changes not being fully implementational;

Director of Health Policy:

Even in the event that we are not able to recruit a workforce that can choose to and safely deliver termination services in Jersey, it is nevertheless the case that amending the gestation limits does help remove some of the stigma that is associated with terminations and particularly with later stage terminations. When we went out to public consultation, for the second round of public consultation, because we understood the dilemma about the air gap between the legislation and the service, we actually asked people if we should bother amending the law given the existence of this air gap and people resoundingly came back in the public consultation and said to us: "Yes, it is important that you do that'8.

The Panel is therefore cautiously supportive, but only on the basis that:

• clear, well supported off Island referral pathways are established,

• any available funding arrangements are transparent,

• emotional support is embedded throughout, and

• the Minister actively monitors workforce capacity with a view to expanding safe provision in the future.

Foetal abnormalities not identified until close to the 20th week of pregnancy During the course of its scrutiny of the draft law, the Panel has been made aware of a potential issue relating to foetal abnormality detected at approximately 20 weeks of gestation. Most foetal abnormalities, serious or nonserious, are commonly identified at the routine 20week anomaly scan.

If abnormalities are detected at this point, the current 21+6 limit leaves very little time to:

8 Jersey-HSS-Minister-for-Health-and-Social-Services-10-02-2026.pdf

• absorb complex medical information,

• seek support,

• consult with clinicians,

• seek further diagnostic tests,

• make an informed decision.

This compressed timeframe creates the risk that a woman may feel rushed into a termination before 21+6 weeks, even when the abnormality is not serious, and she might wish for more time to consider options. Whilst a later stage termination remains an option in these circumstances, this represents a potentially more complex and stressful process.

An extension under these circumstances would ensure that women/parents have more time to make informed decisions when a foetal abnormality is first detected. To address this, an amendment allowing a registered medical practitioner to perform a termination up to 23 weeks and 6 days in these specific cases, even where the abnormality is not classified as serious, could address the issue. This avoids forcing women/parents to rush decisions and recognises that the stricter provisions for serious foetal abnormality under Section 5 are not appropriate where the issue is simply late detection rather than severity. The Panel considers that providing a short additional window for considered decision making is a proportionate and compassionate response to the clinical realities of foetal anomaly screening. The Panel would welcome consideration of this issue alongside the continued review of the Law and associated services and emphasises its expectation that ongoing evaluation should form a core element of the Women's Health Strategy.

Post-termination care

The  Panel  notes  that  the  draft  Law  does  not  set  specific  requirements  for post-termination care, instead leaving follow-up to clinical judgement, consistent with current practice and other jurisdictions.

The Panel understands this flexible approach but stresses the importance of:

• timely follow-up when clinically indicated,

• clear instructions provided to patients on aftercare,

• access to contraception advice, and

• a clear pathway for emotional support, especially for those who have undergone later-stage terminations or who have had to travel outside of the Island.

The Panel would welcome assurance that post-termination care pathways will be clearly documented and communicated to both healthcare providers and service users.

Conclusion

The Health and Social Security Scrutiny Panel would have welcomed a longer period to review the proposition, but given the time allowed, is supportive of the Draft Termination of Pregnancy (Jersey) Law 202–. and is satisfied that the aims of its successful amendment (P.51/2024 Amd.(10)) to the Government Plan 2025-2028, (that funding be prioritised in 2025 to ensure adequate resourcing to progress the ToP Law Amendments workstream), have come to fruition. The Panel therefore recognises the reforms as necessary, long overdue, and fundamentally progressive, bringing Jersey's law largely into line with modern clinical practice, supporting women's dignity and

autonomy and removing any remaining stigma that may arise from the current legal provisions.

The Panel remains cautiously supportive of the proposed reforms and recognises the legislation as an important and progressive step in strengthening reproductive healthcare in  Jersey.  However,  the  Panel  emphasises  that  the  effective  implementation  and operation of the Law must be closely monitored to ensure that the intent of the legislation is fully realised in practice and that women and girls experience safe, timely and equitable access to services.

The Panel therefore recommends that monitoring, evaluation and ongoing review of the Law are explicitly incorporated into the development and delivery of Health and Care's Women's  Health  Strategy,  ensuring  that  service  provision,  workforce  capacity, counselling availability, cost and access pathways remain under continuous scrutiny. Furthermore, the Panel is clear that any future proposals to amend the gestational periods  at  which  services  may  be  provided,  or  to  alter  the  grounds  upon  which termination services are available to women and girls, should be brought back to the States Assembly for full debate. The Panel considers this essential to maintaining transparency, accountability and democratic oversight in an area of significant public interest. The Panel expects the Minister to ensure that communication, clinical guidance, counselling provision, and off-island care pathways are fully established so that the intent of the new Law can be realised in practice.

Finally, the Panel reiterates its long-term policy view that termination of pregnancy should ultimately be provided free of charge in Jersey, as part of a comprehensive and equitable reproductive health care system.

[1]4 undesa_pd_2022_world-family-planning.pdf

5 Contraceptive use: a catalyst for women's health and socioeconomic empowerment

[2] Jersey-HSS-Minister-for-Health-and-Social-Services-10-02-2026.pdf

[3] Jersey-HSS-Minister-for-Health-and-Social-Services-10-02-2026.pdf