What Is the Current Law in Ireland?

Following the Referendum in May 2018, the law has changed regarding the termination of pregnancy since January 2019.

The legislation now allows for termination up to 12 weeks, but also allows for terminations in cases of fatal foetal abnormality after 12 weeks.

The law states: “A termination of pregnancy may be carried out in accordance with this section where two medical practitioners, having examined the pregnant woman, are of the reasonable opinion formed in good faith that there is present a condition affecting the foetus that is likely to lead to the death of the foetus either before, or within, 28 days of birth”.

Due to the limited nature of this wording, there will remain cases or categories of poor diagnosis, or even maternal health issues, where women will still not be able to access terminations in Ireland.

We strongly believe there must be established referral pathways and standards for all women regardless of geographic area, including referral pathways from the Irish Maternity services to services abroad where required.

We feel it is an essential service and that a duty of care is owed the patient to ensure they are medically supported throughout. However, we are anecdotally informed by many of our members that they were given no information on how to access treatment abroad by their Irish healthcare team.

We are very aware that due to the limited nature of the criteria under current legislation, there are still those who find themselves requiring a termination in another country.

In 2023, the government published a review of the 2019 legislation. The report highlighted issues with implementation, barriers to healthcare provision, as well as the perspectives of healthcare providers.

As of early spring 2025, all hospitals in Ireland are now providing abortion services.

The reports are available on gov.ie and linked here

Second Opinions

Whether your baby’s diagnosis is life limiting within 28 days, more than 28 days, or they are unsure, you are entitled to a “review panel” as per the Health Act 2018. Each case is individual and the result of the panel may be the same as that given to you initially. The review panel has strict time frames and must be set up within a maximum of 3 days from when you apply, and complete their review within another 7 days after it is set up.

If you have been told of very poor prognosis for your baby and advised that TFMR cannot be done in Ireland, but you believe it should be, a review panel might help to overturn the case and be able to do it in Ireland. However it is important not to rely on the panel to overturn your case.

The Health Act also stipulates that if a healthcare professional does not give an opinion on the condition of the baby, or an inadequate opinion, you can also apply for a review.

If you are considering a review, feel free to contact us as some of our parents have gone through this process

The HSE National Women and Infants Health Programme is developing a booklet that will explain the Health Act and your entitlements in plain English.