Gestation Period Not Relevant For Termination Of Pregnancy If Medical Board Opines That There Exists Substantial Foetal Abnormality: Kerala HC
2 weeks, 2 days ago

Gestation Period Not Relevant For Termination Of Pregnancy If Medical Board Opines That There Exists Substantial Foetal Abnormality: Kerala HC

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The Kerala High Court recently held that length of pregnancy is not a relevant consideration for permitting termination of pregnancy when the Medical Board opines that there is a substantial foetal abnormality. The Division Bench of Justice A.Muhamed Mustaque and Justice P. Krishna Kumar thus permitted appellant-mother to carry medical termination of pregnancy, where the gestation period had progressed beyond 32 weeks, as per Section 3 -B) of the Medical termination of Pregnancy Act on finding of substantial foetal abnormality. “The length of pregnancy is not a matter for termination if the Medical Board opines that a substantial fetal abnormality exists. The Division Bench referred to Section 3 -B) which reads thus: “ The provisions of sub-section relating to the length of the pregnancy shall not apply to the termination of pregnancy by the medical practitioner where such termination is necessitated by the diagnosis of any of the substantial foetal abnormalities diagnosed by a Medical Board.” As such, the Court directed the Medical Board to examine the medical report to assess whether substantial foetal abnormality exists.

History of this topic

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