On the 18th of March 2020, New Zealand’s parliament passed one of the most liberal abortion laws in the world, which came into effect on the 24th. I’d like to look at the question of how we are doing since then. But first let me deal with a couple of little things.
You might have heard some saying that the Abortion Legislation Act was passed ‘during lockdown’. Actually, it wasn’t – that started two days later. The Act was rushed into law as a matter of urgency just before parliament went into recess, and while the public was distracted with fear and panic over the impending ruination of their lives.
You may also have come across the opinion – or even held it yourself – that abortion used to be legal up to 16 weeks, and that the effect of the act was to extend it to 20 weeks. The reality is far different.
Abortion used to be a crime in New Zealand. It was a crime with an exception – an abortion could legally be performed (up to 20 weeks, and after 20 weeks in exceptional circumstances) if it was approved by two medical practitioners on the basis that continuing the pregnancy would result in serious physical or mental harm to the mother. Needless to say, almost all abortions were carried out under the mental health exception and nearly all had no real mental health grounds. I think it is important for us to understand that almost all abortions performed in New Zealand until 2020 were, in fact, illegal, although they were taxpayer funded and enjoyed the full protection of the law.
This strange and unnatural situation has now been brought to an end and abortion is legal up to full term. A baby is now not safe from abortion until it has fully emerged from the womb. Up to 20-weeks gestation, a woman can obtain an abortion from any health practitioner and there are no legal requirements. (Note the change from ‘medical practitioner’ to ‘health practitioner’ – that means it can be a nurse or midwife.) After 20 weeks, the health practitioner simply has to decide that the abortion is ‘clinically appropriate’ and obtain the agreement of one other health practitioner.
All of this is supposed to be in the interests of women’s health but, like everyone else’s, women’s health is deteriorating, particularly mental health. That’s by way of introduction to the topic – I’ll be back with more, as there’s plenty more to say.
