The Kerala High Court has allowed a woman to medically terminate her 27-week pregnancy in view of a medical board report that the foetus has substantial abnormalities.
The court also directed the couple that as the gestational age of the foetus is 27 weeks, they should take the full responsibility of the baby if the baby is born alive and should offer it the best medical treatment.
The court passed the order recently on a writ petition filed by the couple seeking to allow medical termination of pregnancy. According to them, certain substantial deformities and abnormalities were found in the foetus. Therefore, they decided to terminate the pregnancy and approached the hospital with the request. However, the hospital authorities told them that as the gestational age of the foetus was over 25 weeks, termination of pregnancy could be done only after obtaining orders from the court.
Multiple congenital anomalies
In its report, the medical board constituted by the court said that the woman was now in the 27th week of pregnancy and that the foetus had multiple major congenital anomalies and that the child was likely to have permanent neurological disabilities and handicaps.
The court observed that the right of a woman or a girl to make autonomous decisions about her own body and reproductive functions was at the very core of her fundamental right to equality and privacy. Reproductive rights include the right to choose whether and when to have children, the right to choose the number of children and the right to access to safe and legal abortions. The court noted that as per the provisions of the Medical Termination of Pregnancy Act, 1971, termination of pregnancy could be permitted even if gestational age of the foetus was more than 24 months, if the duly constituted medical board certified that there was substantial foetal abnormalities.
The court pointed out that 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 were a married couple and it was a case of voluntary pregnancy, they could not shirk the responsibility of rearing the baby if it is born alive.
