Madras High Court allows termination of pregnancy beyond 24 weeks over foetal abnormalities

The Madras High Court has allowed the termination of a pregnancy beyond 24 weeks after scans revealed significant foetal abnormalities, observing that the mother has the right to decide whether to bring the child into the world.

Justice P T Asha passed the order on October 15, quashing a medical board’s refusal to approve the termination.

“In the instant case, the scan reports clearly show substantial foetal abnormalities. The mother has the right to take a decision as to whether she would like to bring such a child into the world, particularly when the child is not going to lead a normal life,” the court said.

The woman’s scan reports revealed mild foetal ventriculomegaly, a condition involving the enlargement of the brain’s lateral ventricles. According to medical records, the condition was associated with an increased risk of developmental difficulties, including speech and language delays, learning difficulties, cognitive dysfunction, epilepsy and intellectual disability.

The woman and her husband decided to terminate the pregnancy after learning about the potential complications. However, a medical board rejected their request, stating that the neurological abnormalities were not lethal.

Challenging the decision, the woman approached the High Court seeking permission to terminate the pregnancy.

The court acknowledged the parents’ decision, describing it as a “painful and extreme step” taken after considering the risks to the child’s ability to lead a dignified and self-sustained life.

“It is the parents who would have to watch, day in and day out, the suffering that such a child would have to undergo. The parents have taken this decision to ensure that the child is not brought into this world to lead a life of indignity,” the court observed.

The court also said it had to consider the child’s life after the parents’ lifetime.

After considering the medical reports and judicial precedents, the court directed the hospital authorities to carry out the termination through a registered medical practitioner, in accordance with the medical records.