Disabled foetuses and the search for equality

This paper questions whether and how the Abortion Act 1967 discriminates against the disabled foetus. It argues that the lack of definition and guidance on the terms ‘substantial risk’ and ‘serious handicap’ affords doctors wide discretionary powers. The broad definition and lack of guidance on these terms enables the termination of foetuses with completely treatable and manageable conditions. This paper contends that the Abortion Act has failed to keep pace with advancements in modern medicine and human rights. As a result, the existing legislative measures provide foetuses with a potential disability a lower level of protection than they would otherwise have ‘but for’ their diagnosis. In reflecting on the value placed on disabled lives by law and society, this paper will argue that the time limit for the abortion of disabled foetuses should be brought into line with the time limit for non-disabled foetuses.