Supreme Court Allows 20-Year-Old Woman To Give Child For Adoption After She Had Approached The Court Seeking Abortion

The Supreme Court has granted permission to a 20-year-old woman to give birth in AIIMS and give the child for adoption after she had approached the Court seeking medical termination of her 30-week-old pregnancy.

The Court was informed that two prospective parents who have been registered with a parent registration number under CARA are ready and willing to adopt the child.

The bench headed by CJI DY Chandrachud and comprising Justice Pamidighantam Sri Narasimha, and Justice J.B. Pardiwala directed the Director, AIIMS to ensure that all necessary facilities are made available without the payment of fees, or expenses of any nature so that the delivery can take place in a safe environment at AIIMS.

The petitioner-woman had approached the Court seeking medical termination of pregnancy. Following this, the Court had directed the Director of AIIMS to constitute a medical team for assessing whether the termination of pregnancy can take place safely without any danger to the life of the petitioner.

Counsel Amit Mishra, appeared on behalf of the petitioner whereas Aishwarya Bhati, Additional Solicitor General, and Tushar Mehta, Solicitor General appeared for the Union of India.

The Court was informed that the petitioner has desired to go ahead with her delivery and give the child for adoption.

The request for adoption was suggested by the petitioner since she would not be in a position to care for the child.

“In the circumstances, having regard to the late stage of the pregnancy, it has been considered in the best interest of the mother and the fetus that the child, upon delivery, may be given in adoption.”, the Court noted.

The Court directed that the delivery of the child by the petitioner shall take place at AIIMS.

The Court also directed that the privacy of the petitioner shall be maintained and all steps shall be taken to ensure that the identity of the petitioner is not divulged in the course of the hospitalization at AIIMS.

The Court observed that “We are adopting the present course of action consistent with the jurisdiction of this Court under Article 142 of the Constitution having regard to the extraordinary situation which has emerged before the Court involving a young woman in distress, who moved this Court at a late stage of her pregnancy.”

Accordingly, the petition was disposed of.

Cause Title P v. Union of India & Anr.

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