Bombay HC Allows Feticide, Termination Of 34-Week Pregnancy Citing Risk Of Severe Foetal Abnormalities

Mumbai, March 28: The Bombay High Court has permitted a 37-year-old woman, who is nearly 34 weeks pregnant, to undergo feticide in utero followed by termination of pregnancy, after a medical board opined that the foetus suffers from a serious congenital abnormality that could result in long-term morbidity.

Petition filed citing medical findings

A bench of Justices Bharati Dangre and Manjusha Deshpande was hearing a petition filed by the woman and her husband, who expressed their unwillingness to continue the pregnancy in light of medical findings.

The petitioner had approached the court after a medical board at a Thane district hospital declined permission for termination. Its March 20 report noted that the foetus, then over 31 weeks old, had “non-lethal short limb skeletal dysplasia”, a condition compatible with post-natal survival though requiring specialised care.

Conflicting medical opinions

However, an independent medical opinion highlighted possible complications, including mental subnormality. The High Court then sought a fresh evaluation from a medical board at Sir JJ Group of Hospitals.

The JJ Hospital board report concluded “although the anomaly is categorised as non-lethal, there exists a substantial risk that, if the child is born alive, it may suffer from significant physical and/or mental abnormalities, resulting in severe handicap and long-term morbidity”. It also noted that at 33–34 weeks, there was a “significant likelihood” of live birth requiring intensive neonatal care.

Court considers risk of severe morbidity

“In view of the above findings… continuation of the pregnancy is likely to result in the birth of a child with significant morbidity,” the board stated, recommending termination subject to court approval.

Taking note of the opinion, the court observed that “when there is substantial risk that the child to be born would suffer from any physical or mental disability, the pregnancy may be terminated… The length of pregnancy is irrelevant when such termination is necessitated by diagnosis of substantial foetal abnormalities.”

Reference to legal framework

The bench also referred to guidelines issued by Government of India, Ministry of Health and Family Welfare under the Medical Termination of Pregnancy Act, 1971, which provide for termination beyond 20 weeks upon court approval, including procedures such as counselling and “stopping foetal heartbeat”.

Court allows procedure

Recording that the woman had “expressed a clear and informed desire for feticide in utero prior to delivery”, the court permitted the procedure.

Given that the facility was unavailable at JJ Hospital, the bench allowed the couple to undergo the procedure at a tertiary care centre of their choice, including a private hospital, “at their own risk and consequences”.

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“Considering the advanced gestational age… we permit the petitioner to terminate the pregnancy by performing feticide in utero prior to delivery,” the court said, directing that the process be carried out expeditiously.

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