Following a woman's incarceration, the chair of the Commons equalities committee suggested that parliament discuss changing the laws regarding abortion.
The 1861 law that was used to prosecute mother-of-three Carla Foster was, according to Caroline Nokes MP, "out of date.".
The 44-year-old was found guilty of using pills at home to perform an abortion outside of the allowed time frame.
After she was given a sentence of 28 months, 14 of which will be spent in jail, activists called for reform.
When Foster took medication obtained through the "pills by post" program put in place during lockdown, she was between 32 and 34 weeks pregnant, the Stoke-on-Trent Crown Court heard.
Abortion is permitted up to 24 weeks; after 10 weeks, it must be performed in a clinic.
Foster initially faced a charge of child abuse, which she vehemently denied, but later admitted guilt to a charge of "administering drugs or using instruments to procure abortion" under Section 58 of the Offenses Against Person Act 1861.
The Commons Women and Equalities Committee's chair, Ms. Nokes, urged lawmakers to "decide in the 21st Century whether we should be relying on legislation that is centuries old.".
This issue has not been thoroughly discussed for many years, the Tory MP said on BBC Radio 4's World Tonight.
"And cases like this, although tragic and thankfully very uncommon, bring into stark relief the fact that we are relying on outdated law. It makes a case for Parliament to begin investigating this problem in depth. ".
Stella Creasy, a Labour MP, echoed the call for immediate change, saying on BBC Two's Newsnight: "I don't understand in whose interests this case was. ".
Director of the Alliance of Pro-Life Students Madeline Page agreed that the case was a "sad situation" and that she would welcome a parliamentary discussion on abortion, but she had different goals for the law than Ms. Nokes.
The British Pregnancy Advisory Service expressed its "shock and outrage" at the use of the "archaic law" to bring charges against Foster.
Cases like these are "exceptionally rare," according to a Crown Prosecution Service spokesperson. complex and traumatic.
They continued, "Our prosecutors have a responsibility to make sure that laws established by Parliament are properly taken into account and applied when making challenging charging decisions. ".
According to the official spokesperson for Prime Minister Rishi Sunak, the government has no plans to alter abortion laws.
Foster had provided false information during a remote medical consultation, according to the CPS's court testimony, and she was aware of the restrictions on abortion.
Lockdown and fewer in-person appointments had altered access to healthcare, according to her defense, which added: "This will haunt her forever. " .
Foster gave birth on May 11, 2020, and 45 minutes later the infant's demise was confirmed.
The Staffordshire woman, 44, who was pregnant with another man's child at the time of lockdown, had moved back in with her former partner, the court was told.
As he handed down a sentence, Mr. Justice Edward Pepperall acknowledged that Foster had been "in emotional turmoil" while trying to conceal the pregnancy.
A suspended sentence might have been possible if she had entered a guilty plea earlier, according to him, as she was a good mother to her three sons, one of whom has special needs.
He did, however, reject requests for a non-custodial sentence from organizations that support women's health, stating that the court must "apply the law as provided by Parliament."
