Kerala HC Permits Medical Termination Of 27-Week Foetus With Major Congenital Anomalies; Directs Couple To Rear The Baby If It Is Born Alive
Kerala High Court allowed the medical termination of a twenty-seven week foetus with major congenital anomalies.
The court also directed the couple to be prepared to take the responsibility of bringing up the child at their expense if it is born alive.
After considering the medical report of the Medical Board, the Bench took note of the decisional autonomy of the woman regarding her body and reproductive functions and permitted her to terminate her pregnancy.
A Single Bench of Justice Kauser Edappagath observed, “Since the gestational age of the foetus is 27 weeks now, there is a possibility that the baby may be born alive. As the petitioners are a married couple and it is a case of voluntary pregnancy, they cannot shirk the responsibility of rearing the baby if it is born alive. The learned counsel for the petitioners submitted that the petitioners are prepared to take the responsibility of bringing up the child at their expense if it is born alive.”
Advocate Sidharth O. represented the petitioners, while Sr. GP. Deepa Narayanan appeared for the respondents.
Medical examinations of the woman revealed substantial deformities in the foetus's head, spine, and face. The couple approached the Hospital for a termination, they were asked to approach the Court owing to the foetus's advanced gestational age of 25 weeks.
The Court took note of the Medical Termination of Pregnancy Act, 1971, and its amendments, which permitted abortions beyond 24 weeks in cases of substantial foetal abnormalities, as certified by a duly constituted Medical Board.
The Bench pointed out the fundamental rights of women to make autonomous decisions regarding their bodies and reproductive functions, as per the Supreme Court in K.S.Puttaswamy v. Union of India [(2017) 10 SCC 1] that reinforced women's reproductive rights under Article 21 of the Constitution.
An interim order led to the formation of a Medical Board and the Board's report confirmed multiple major congenital anomalies in the foetus, posing high risks of neurodevelopmental impairment and associated morbidities.
“Taking note of the report of the Medical Board and the decisional autonomy of the 1st petitioner about her body and reproductive functions, I deem it appropriate to grant the relief sought for and permit the 1st petitioner to terminate her pregnancy,” the Court held.
Consequently, the Bench directed that if the foetus was found to be alive at birth, “the hospital shall give all necessary assistance including incubation either in that hospital or any other hospital where incubation facility is available in order to ensure that the foetus survives. Further, the baby is to be offered the best medical treatment available so that it develops into a healthy child. The petitioners shall take full responsibility of the baby, offer best medical treatment and rear the child in its best interest.”
Accordingly, the High Court disposed of the petition.
Cause Title: XXX & Anr. v. Union of India & Ors. (Neutral Citation: 2024/KER/32174)
Appearance:
Petitioners: Advocates Sidharth O., Susanth Shaji and Albin A. Joseph
Respondents: Sr. GP. Deepa Narayanan; Sr. Panel Counsel T.C Krishna
