Well, I'm glad we entirely ignored the OP
Seeing as the only 100% successful birth control is abstinence (unless you mother a Prophet), I would say that the 1% of condom failure implies that the two having intercourse are giving their willing consent to risk pregnancy. So, abortion is entirely legal: it just happens before conception as opposed to after. This is just a good way for those of us who only support abortion in cases of rape/maternal danger to reconcile our morality with logic.