What would scrapping the three-day wait for abortion mean for pregnant women?

One Christmas Eve, a staff member at a woman’s health centre spent the day calling as many hospitals as possible in an effort to get an appointment for a woman who needed to access an abortion . The woman was still less than 12 weeks pregnant, within the legal limit for free access to abortion in Ireland.

The woman had already had her first appointment, which started the clock on the mandatory three-day wait between when a woman seeks an abortion and is granted one at a second appointment 72 hours later. But it was Christmas time and, with all the public holidays, she was not going to get her second appointment until after passing the 12-week mark.

The healthcare worker had to tell her “I’m sorry, by the time the next clinic is available, you’re going to be over 12, there’s nothing I can do”. They said this was “purely down to the three days”.

“She just wasn’t going to make it,” the healthcare worker said.

The testimony of the same healthcare worker, who said every Christmas women were “ringing around desperately” trying to get appointments before their time runs out, was collected by a group of about 300 GPs and shared with a 2023 review of Ireland’s abortion law.

That review, authored by barrister Marie O’Shea, found that the mandatory three-day wait the then Fine Gael government had in 2018 added to Ireland’s new abortion law was denying some women access to legal terminations by forcing them beyond the legal limit. The three-day wait could often turn into a five-day wait, with bank holidays and weekends included, and could contribute to a further delay if a dating scan was required to confirm how far along a woman was.

That three-day wait could be scrapped by the end of this year, if a Sinn Féin Bill passes each stage of the Oireachtas. It passed its second stage in the Dáil on Wednesday night.

Such a reform would not be a radical change to Ireland’s abortion law, and would have little effect on most women who seek an early medical abortion in this country - many of whom do so around the seven-week mark. The greatest effect would be for the women who, for various complex reasons, only seek an abortion close to the end of their first trimester.

An unplanned pregnancy may not have been noticed until well after a first and second missed period, the woman may lead a chaotic life, she could live in an isolated area or access to a GP may be difficult.

The O’Shea report cited research on the opinions of women themselves, who said the three-day wait had “next to no impact” on their personal decisions. Many had made their minds up before calling the national crisis-pregnancy counselling service to book their first appointment. They argued that the pause period should be made optional, or should be waived in cases where it would push a woman beyond the legal limit for an abortion.

Removing the mandatory wait would probably also have an effect on women seeking an abortion under 12 weeks for medical reasons. It is possible to pay privately for a genetic blood test after 10 weeks’ gestation that can identify the risk of some foetal anomalies, with the results sometimes being available as soon as 11 weeks. A woman who chooses to end her pregnancy on the basis of these test results would have more time to do so within the 12-week limit.

At the moment, access is free to both GP appointments required to get an abortion under 12 weeks. It is understood the Government does not want any change to the law to result in women having less time with a medical professional if they need more time to talk about their options.

Some politicians opposed to any change, including Minister of State Robert Troy, have claimed that 10,000 women effectively changed their mind during the three-day wait. Although it is correct that there were 10,000 more first appointments than second appointments for abortion services between 2019 and 2024, the figure may include women who did not return because they had miscarriages or were pushed beyond the 12-week limit. There is no data to show how many of those women sought abortions either by travelling or looking for pills online.