The High Court of Justice has ruled that unborn babies diagnosed with a possible foetal anomaly can be aborted past 24 weeks gestation. 

Heidi Carter(née Crowter), who has Down’s syndrome, and Marie-Lea Wilson, who has a son with Down’s syndrome, pursued joint legal action against the government for permitting abortion up to birth for non-fatal foetal anomalies such as Down’s syndrome. 

In the UK, abortion can be carried out until 24 weeks and then until birth if the unborn baby is suspected of having a foetal anomaly (disability). 

Mrs Carter and Mrs Lea-Wilson argued that the current UK abortion law is “down right discrimination” and violates the ECHR (European Convention on Human Rights), including the right to life. 

The High Court in London has now rejected the arguments brought forward by Mrs Carter and Mrs Lea - Wilson, stating that “there was no precedent from the European Court of Human Rights that a foetus has rights under the ECHR.” 

Highlighting disability discrimination 

Alithea Williams, SPUC Public Policy Manager, said: “Although they lost their challenge today, Heidi and her team have illustrated the discrimination inherent in allowing babies to be aborted up to birth because they are considered ‘handicapped’ under an outdated and callous law.  

“They have drawn attention to something that our ‘civilised’ society likes to ignore – that babies can be legally killed, without anaesthetic, up to the very moment of birth, because they have Down’s syndrome or another disability.” 

“We hope that this case will open society’s eyes to the discrimination inherent in all abortion – that a human being can be killed because they are ‘unwanted’ or inconvenient, or the wrong gender, or simply too young and vulnerable to protect themselves.” 

Upcoming appeal 

Mrs Carter has confirmed that she will be appealing the decision by the High Court and will continue to demand an end to "downright discriminatory" abortion laws. 

SPUC’s Ms Williams added: “No baby, able or differently-abled, of any age in the womb, should have their lives brutally ended by abortion. We look forward to the day when all unborn lives are protected and cherished.”