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Late abortion or neonatal death – a time for empathy, a time for reform

© Copyright LexisNexis 2025. All rights reserved.
Date:2 DEC 2025
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Mary Welstead Visiting Professor in Family law University of Buckingham

 

An analysis of recent cases involving abortion and infanticide reveal the antiquated approach on which the current laws are based. Women today remain at risk of ‘witch hunts’. Police guidelines allow searches of women’s homes and phones for evidence of self-abortion or neonatal killing. Prosecutions for offences have increased between 2019–2023. Normally if women are found guilty they receive a judicial lecture followed by imprisonment which may be for a significant period. Empathy and understanding tend to be absent (see eg Carla Foster (2023); Hannah Cobley (2021); Constance Marten (2025)). Nicola Packer Jessica Cooper and Sebastian Bowerman remain the exceptions. The former was acquitted by a jury whilst the latter couple were sentenced to community service and ordered to receive counselling. The current Government has proposed reform and the proposal is before the Upper House. If reform is accepted self-abortion at any stage of a pregnancy would be decriminalised. Anyone assisting with the act would risk...

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