Ministers are to consider reforming abortion law in Scotland which could abolish rules allowing terminations up to the point of birth for a foetus with Down’s syndrome.

The move is expected to be examined in a review of abortion law to be carried out before the end of the current parliament in 2026 with a ministerial working group being set up to examine the issue.

Presently, the abortion limit for most pregnancies is 24 weeks in line with the 1967 Abortion Act.

However, as the law stands in England, Wales and Scotland, doctors can authorise an abortion if "there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped", meaning that if a foetus is found to have Down's syndrome, the pregnancy can be terminated after 24 weeks.

READ MORE: The abortion buffer zones Bill in Scotland, explained

The First Minister has committed in the programme for government to undertake a review of the law on abortion, with the aim to ensure provision of abortion services is treated first and foremost as a healthcare matter.

The review will aim to identify potential proposals for reform, within specified term limits, engage with a wide range of stakeholders and include a public consultation.

Anna Glasier, the Scottish Government’s Women’s Health Champion, will chair the expert ministerial working group.

Ministers will not commit to a position on whether any new limits including whether changes should be made to limit or abolish terminations of pregnancies where the foetus has been diagnosed with Down's syndrome until the working group has published its report and responses to a public consultation have been analysed.

READ MORE: Childcare costs a 'primary reason' for 40 per cent of abortions

Detailed work will begin once the Scottish Parliament has considered the Abortion Services (Safe Access Zones) Scotland Bill which seeks to limit protests outside health clinics and hospitals.

A spokesperson for the Scottish Government said: “The Scottish Government believes that all women should have access to the care and treatment that they need, and that women are fully informed of the choices available to them at what is an extremely difficult time.

“We have committed to taking forward a review of the law on abortion and will consider options for reform to ensure that it is first and foremost a healthcare matter.

"That review will include consideration of whether or not there should be any changes to the current law in Scotland in relation to abortions where a fetal anomaly has been diagnosed. We would need to wait for the outcomes of that review before considering any changes to abortion law.”

An amendment to the Criminal Justice Bill in Westminster is being tabled by Sir Liam Fox, a former cabinet minister, which if passed would bring the law in England and Wales in line with the 24-week abortion limit for foetuses with no “serious disabilities”.

Earlier this week Mr Fox said the change in the law would stop people with Down’s syndrome being treated as second-class citizens, a situation he described as an “absolutely utter travesty”.

Under the Scotland Act 2016 the law over abortion has been devolved to Holyrood.

At Prime Minister's Questions on Wednesday Mr Fox pressed Rishi Sunak on a possible change of the law in England and Wales.

Mr Fox said he would be putting forward an amendment to the Criminal Justice Bill "to equalise the time limit in line with our disability and equality legislation".

He asked: "Surely we can not accept in the 21st century that people with Down's syndrome are second-class citizens in our country? Will the prime minister support the change?"

Mr Sunak replied it had "been longstanding convention that it would be for Parliament to decide whether to make any changes to the law on abortion and these issues have always been treated as an individual matter of conscience" - indicating that any Commons vote should be a "free" one, independent of party affiliation.

In November 2022, a woman with Down's syndrome lost a legal challenge to the existing law when judges at the Court of Appeal decided it did not interfere with the rights of living disabled people.

Heidi Crowter argued that the rules discriminated against people with Down's syndrome and "doesn't respect my life".

Down's syndrome results from being born with an extra chromosome, usually by chance because of a change in the sperm or egg before birth. There are estimated to be around 47,000 people with Down's syndrome in the UK.