Medical Termination Of Pregnancy Permissible Only For Substantial Foetal Abnormalities Confirmed By Competent Medical Board: Kerala HC
11 months, 3 weeks ago

Medical Termination Of Pregnancy Permissible Only For Substantial Foetal Abnormalities Confirmed By Competent Medical Board: Kerala HC

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The Kerala High Court has made it clear that medical termination of pregnancy can only be sought when the competent medical board has diagnosed substantial foetal abnormalities. “Statutorily, under the mandate of Section 3 of the Medical Termination of Pregnancy Act, 1971, it is only in cases where the foetus has substantial abnormalities diagnosed by the competent Medical Board, can the termination of pregnancy be sought for”, Justice Devan Ramachandran, on considering a plea moved by the petitioners-husband and wife did not approve the medical termination of the pregnancy of a 30-week-old foetus since the Medical Reports did not suggest lethal foetal abnormalities endangering the life of a newborn baby. The petitioners had approached the Court seeking medical termination of pregnancy alleging that the foetus had substantial foetal abnormalities. On perusing the reports from two competent medical boards, the Court found thus: “It is evident and obvious from the afore two reports that it is the specific opinion of the experts and doctors that the foetus is not suffering from lethal anomaly; and that the renal cyst and diabetes syndrome diagnosed by genetic study, is a multisystemic disorder which is variable from mild to severe renal impairment, which can be assessed only after the birth of the baby.” Accordingly, the Court closed the writ petition stating that it could not pass any further orders since the medical reports from competent medical boards suggested that the foetus was doing well health-wise.

History of this topic

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