Gizane Campos
Antigua abortion law is restricted by a colonial-era law, which presents constitutional challenges. With sentences of up to ten years in prison for illegal abortions, it’s essential to understand abortion law in Antigua and Barbuda. This guide provides everything you should know about Antigua and Barbuda’s abortion laws.
What is the abortion law in Antigua and Barbuda?
According to Antigua and Barbuda abortion law, abortion is prohibited in the island, and abortion services are hard to come by. Unless the abortion is necessary to save the pregnant woman’s life, it is a legal challenge to have it approved. If her life is at risk, abortion is allowed as per the general criminal law and in critical circumstances.
Conditions for Antigua Legal Abortion (Limited Exception)
According to the Infant Life Preservation Act of 1937, individuals will not be punishable by the law if they are found to put an end to the life of a child before birth if it is to save the life of the mother. This law generally applies to pregnancies that have passed 28 weeks.
Offenses Against the Person Act
The Offences Against the Person Act is a colonial law to protect an unborn child and govern abortion. Violating this law may result in the following penalties:
- A pregnant woman who carries out her own abortion by taking any sort of substance or using illegal equipment to terminate her pregnancy will be considered guilty in the eyes of the law and can be imprisoned for up to ten years.
- A person can be found guilty of enabling the abortion of a pregnant woman by administering substances or using an instrument to terminate the pregnancy and imprisoned for up to ten years.
Risks of Unsafe Abortions in Antigua
An unsafe abortion in Antigua is a considerable health risk as access to safe, legal, and regulated abortion procedures is limited. Women turning to unqualified practitioners or attempting self-induced abortions can experience serious complications such as severe bleeding, infections, infertility, and even death.
The legal challenges of abortion in Antigua frequently shun women into the shadows of Antigua healthcare, where fear, social stigma, and lack of medical oversight increase the probability of long-term physical and psychological effects. Post-abortion care is also vital for recovery, and its absence after illegal abortions in Antigua worsens outcomes.
Current Situation
Ongoing legal discussions in Antigua suggest the government is attempting to reduce restrictions and change the abortion law in the country. Lionel Max Hurst, the Chief of Staff in the Office of the Prime Minister, spoke on abortion rights issues, saying, “I think we will have some discussion on the possibility of altering the law to enable abortions to become legal and lawful in Antigua and Barbuda.”
The Government of Antigua and Barbuda understands that lifting abortion restrictions can make investing in Antigua more desirable as it signals the country’s commitment to progressive laws, human rights, and gender equality—factors many investors and multinational corporations consider when deciding where to operate.
The Global Citizen Solutions’ Global Intelligence Unit (GIU) highlights how quality of life indicators shape the best places to live, and abortion laws are an important factor. Countries that protect reproductive rights have greater autonomy, access to healthcare, and social stability.
Despite what legislation states, the Antigua Planned Parenthood Association (APPA), regional branch of the International Planned Parenthood Federation (IPPF ACRO), observes that abortions do happen in Antigua and Barbuda, with no prosecutions. However, because of the illegal conditions in which abortions take place, women do not have access to free medical care in case of complications.
Take a look at our Antigua and Barbuda Citizenship by Investment Ultimate Guide
Frequently Asked Questions about Abortion Law in Antigua
What is the legal system in Antigua and Barbuda?
Antigua and Barbuda has a Westminster-based legal system with a written constitution that governs abortion law and all other legislation.
Which Caribbean country is abortion legal?
Caribbean countries that provide legal access to abortion are Cuba and Puerto Rico, and the French territories of Martinique, Guadeloupe, and St Martin.
Is abortion in Antigua permitted in cases of rape or incest?
While Antigua and Barbuda abortion law doesn’t explicitly approve abortions in cases of rape or incest, these incidents can have significant effects on a woman’s mental or physical health, which are grounds for legal abortion in Antigua.
Is abortion legal in Antigua?
Abortion in Antigua and Barbuda is illegal, with few exceptions concerning mental and physical health. A pregnant woman who terminates her pregnancy or another person who facilitates the termination can face criminal proceedings and up to ten years in prison.
What are the key points about the law on abortions in Antigua and Barbuda?
- Strictly prohibited: Abortion is strictly banned in Antigua unless the mother’s life is at risk.
- Criminal penalties: Both women seeking abortions and individuals assisting them in Antigua and Barbuda can face imprisonment.
- Colonial-era laws: Antigua and Barbuda abortion laws are derived from British legislation during the colonial era, dating back to the 19th century.
- Legal challenges: Women’s rights activists have been contesting the laws on abortion in court in Antigua, arguing they are obsolete and infringe on women’s rights.
