Madras High Court allows abortion of 32-week pregnancy over abnormalities

CHENNAI: Upholding a mother’s right to decide whether or not to bring a child with substantial fetal abnormalities into the world, the Madras High Court directed the termination of a woman's pregnancy at around 32 weeks, noting the need to consider the child's chances of leading a dignified and self-sustained life.

The woman, who had her first child in 2024, conceived for the second time early this year. She submitted that a trimester scan revealed mild fetal ventriculomegaly, which was confirmed by a second medical opinion.

The woman and her husband decided to terminate the pregnancy, but the chairman of Egmore Children Hospital refused and advised genetic testing. She was subsequently asked to undergo follow-up scans at 28 weeks of gestation, with the expected date of delivery fixed as December 6.

Citing the foetal abnormalities and the risk of developmental difficulties, including speech and language delays, learning difficulties, cognitive dysfunction, behavioural difficulties, epilepsy and intellectual disability, the couple decided for a medical termination of pregnancy on October 13.

In her representations to the secretary of the Health and Family Welfare Department and the registrar of the Tamil Nadu Medical Council, the woman stated that she learnt of the foetal abnormality only after September and sought permission to terminate the pregnancy. However, the medical board did not approve her request. The woman then approached the court.

After hearing the petition, Justice PT Asha observed that the scan reports clearly indicated substantial fetal abnormalities and that the mother has the right to decide whether or not to bring a child who might not lead a normal life into the world. The judge noted that the parents made the painful decision considering the risks to the child's chances of leading a dignified and self-sustained life. The court observed that the child should not be subjected to suffering or ridicule and that its life after the parents' lifetime had to be considered.

The court thus directed the Health and Family Welfare Department secretary to ensure that the woman's pregnancy was terminated forthwith. The writ petition was allowed.