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Doctors will be prosecuted for performing sex-selective abortions, the Department of Health will warn today.They will be reminded the practice is ‘unacceptable and illegal’, as Health Secretary Jeremy Hunt and the General Medical Council closes a ‘loophole’ used by prosecutors to avoid bringing charges against doctors who carry out abortions based on the sex of the foetus.
The guidance is expected to draw a line under the issue, making it clear that doctors who pre-sign abortion forms and carry out abortions based on gender are breaking the law and will be prosecuted.
Health minister Jeremy Hunt will today warn doctors that performing gender-selective abortions is 'unacceptable and illegal'
Abortion clinics will also be required to recognise that gender-based abortions are illegal as part of their licence conditions.
The guidance has been re-issued following a Crown Prosecution Service ruling in September that said it would not be in the ‘public interest’ to prosecute doctors who had carried out gender-based abortions.
Sir Kier Stammer, the then Director of Public Prosecutions, said the law did not 'prohibit gender-specific abortions'.
It was found that 67 physicians were involved in pre-signing abortion forms without knowing anything about the women involved.
The General Medical Council (GMC), the doctors’ regulator, ruled out action against the doctors.
That, combined with the CPS ruling led to concerns that the practice was effectively legalised.
The Department of Health last night stressed that abortions based on gender were illegal.
Under the 1967 Abortion Act, a pregnancy can be terminated legally if two doctors agree the physical or mental health of the child or the woman is in jeopardy
The Act makes clear that they must sign to certify that they formed the opinion ‘in good faith’.
However, MPs have raised concern that the law does not explicitly state that abortions on the basis of gender are illegal.
Tory MP David Burrowes told The Telegraph: ‘It is a very helpful clarification. As a matter of principle and practise, gender selection is thoroughly outlawed.’
Marie Stopes International’s UK Director of Policy, Genevieve Edwards said: 'We welcome this guidance from the Department of Health.
'It’s important that every doctor has absolute clarity about the letter and spirit of the law.
'Our focus has always been to provide high quality services for women who need them within the legal framework of this country and we will continue to do so.'
Ann Furedi, chief executive of the British Pregnancy Advisory Service (Bpas), added: 'One in three women will need an abortion because their contraception fails, their life circumstances suddenly change, or a problem is found with a much wanted pregnancy.
'Recently, doctors providing abortion services have felt under intense political scrutiny, and this document should give them the reassurance that neither the law nor regulations have changed to accommodate those who think their work is wrong.
'However, abortion remains a criminal offence and this guidance is about meeting the requirements of the law not those of women or doctors. The law impedes best practice.
'There is no clinical need for two doctors to certify a woman’s reasons for abortion, in addition to obtaining her consent, it simply causes delays. Bpas trusts women to make responsible choices and Bpas doctors comply with the law.'
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