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Termination Law

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WQ.361/2024

WRITTEN QUESTION TO THE MINISTER FOR HEALTH AND SOCIAL SERVICES

BY DEPUTY L.M.C. DOUBLET OF ST. SAVIOUR

QUESTION SUBMITTED ON MONDAY 14th OCTOBER 2024

ANSWER TO BE TABLED ON MONDAY 21st OCTOBER 2024

Question

"Will the Minister advise what changes, if any, he plans to make to the Termination of Pregnancy (Jersey) Law 1997, including any areas that will be removed, amended or added?"

Answer

The law currently states that a woman must be ordinarily resident in Jersey, or resident for at least 90 days to have termination in Jersey. Law drafting instructions have been issued to remove the 90-day qualify period so that any woman who is in Jersey may have termination in Jersey (for example, women who are in Jersey for the purposes of working or caring for a resident family member).

Several other changes are also being considered; these are detailed below. Policy Officers are preparing proposals which will be subject to public and professional consultation before final decision making.

Grounds for a termination, including whether termination should be available on request (without justification of need) or whether specific grounds should remain

Gestational limits, including whether:

termination on the grounds of foetal abnormality should be available beyond the current 24- week gestational limit (risk to life / grave injury to physical or mental health is currently available at any gestational limit)

termination on other grounds should be available beyond the current 12-week limit

Pre-procedure consultation requirements (including for early medical terminations):

number of consultations and category of health and care professionals consulted with

whether consultation should be in person or remote

whether women should be able to self-refer into the service

Whether termination can be provided by non-HCS professionals in locations other than the hospital

Access to counselling (pre and post procedure)

Criminal offences where termination not in accordance with the law, in relation to both the woman and the health and care professional

Whether safe access zones should be introduced

Clarify matters related to right to conscientious objection / right to refuse to participate

Charges associated with termination