Published Tuesday, 30 June 2009
The Society for the Protection of Unborn Children was granted leave to seek a judicial review in its bid to have the current advice radically redrafted.
Lawyers for the body claim the guidance issued to health professionals is misleading, legally inaccurate and leaves out statistics on suicide rates among women who terminate a pregnancy.
The document was published in March - five years after the Court of Appeal ruled that the Department of Health should inquire into the provision of termination services.
Illegal
Abortion is illegal in Northern Ireland, except in circumstances where the mother's life or mental well being are considered at risk.
But SPUC is seeking a High Court declaration that what has been produced does not properly set out the law.
During the first stage of its legal battle lawyers for the group claimed the guidance also fails to deal with the rights of the unborn child and provided inadequate advice for conscientious objectors within the medical profession.
The Department of Health's legal representatives rejected allegations it had failed to make clear that abortion was illegal in Northern Ireland apart from in the most exceptional circumstances.
It was also stressed that the document was for health workers rather than the general public.
After weighing up the arguments Mr Justice Weatherup granted leave to apply for a judicial review.
The case will now advance to a full hearing later this year.
A number of other interested groups, including Precious Life, Life Northern Ireland and the Northern Bishops, are to be put on notice of the proceedings.
Outside the court Liam Gibson, SPUC's Northern Ireland Development Officer, said he was pleased to get the opportunity to put forward issues he claimed were not properly considered during the original consultation process.
"What we are hoping to achieve is that the law is reflected accurately," he said.
"We want the current guidance radically amended. It's fundamentally flawed on legal grounds and on the medical evidence that's available."
Mr Gibson also claimed the current document had disregarded recommendations from the Health Committee at Stormont.
'Vacuum'
But Audrey Simpson, director of the Family Planning Association said SPUC had a weak case.
Ms Simpson also insisted the guidance may not be perfect, but at least provided something for health professionals.
She expressed frustration that a new "vacuum" would continue until the legal challenge is resolved.
"We had planned to produce an information leaflet for women so they know what their rights are, but we can't do that now until we know how the judicial review will go, and whether it will be amended."