The health secretary, John Reid, will today take legal advice on whether a British charity should face prosecution for referring women who want late abortions to overseas clinics.

Government lawyers are expected to begin analysing evidence from the Sunday Telegraph after it reported that the British Pregnancy Advisory Service was giving women who wanted an abortion after the 24-week legal cutoff details of a clinic in Barcelona.

Yesterday, the BPAS chief executive, Ann Furedi, justified the move, arguing that it would be "morally reprehensible" not to do so. But Mr Reid said he would act swiftly if it was found that the service had contravened the Abortion Act.

A Department of Health spokeswoman, speaking before covertly recorded information was handed over, said: "If there is evidence that the will of parliament is being thwarted, and in addition the law of a fellow European country is being broken, by an organisation in receipt of public money, this would be a very serious matter indeed."

It was unclear what legal powers the secretary of state would have if - as BPAS insists - it was clear it had not breached the Abortion Act. But sources indicated that the charity, which receives NHS contracts worth about £12m annually, could be in difficulties if it sought to circumvent British law by referring women abroad as a matter of policy.

Ms Furedi suggested this was the case when she said the organisation, Britain's second largest abortion provider, helped clients get treatment in Spain and the US.

"There is nothing we are doing that is unlawful. We are informing women who come to us that there are circumstances in which we can't lawfully provide them with an abortion, and provide them with information that they can receive treatment in other countries."