Bombay HC Permits 25-Week Pregnant Woman To Undergo Termination At Hospital Of Her Choice

Mumbai: The Bombay High Court has allowed a 25-week pregnant woman to undergo a medical termination of pregnancy (MTP) at a private hospital after a medical board confirmed a fetal anomaly with high postnatal morbidity.

A bench of Justices Revati Mohite-Dere and Neela Gokhale also acknowledged the woman’s reproductive rights and bodily autonomy while allowing her to undergo the procedure.

The woman had approached the court seeking permission for the procedure, citing the medical condition of the fetus and her unwillingness to continue with the pregnancy. A medical board at Sir JJ Group of Hospitals and Grant Medical College examined her and recommended termination due to 3M syndrome, a rare genetic disorder linked to severe growth restrictions, skeletal deformities, and potential infertility.

The petitioner also sought permission to undergo the procedure at a medical institution of her choice, provided it met the requirements under the MTP Rules. She further requested that the registered medical practitioner follow government guidelines, which allow for stopping the fetal heartbeat before termination to prevent a live birth.

During the hearing, woman’s advocate Meenaz Kakalia informed the court about a procedural gap in Form A under the MTP Act, which currently only allows for approval of terminations up to 24 weeks. Since there is no category for pregnancies beyond this period, institutions performing such procedures cannot apply for certification under existing rules.

Given the urgency of the case, the court directed the hospital to submit an affidavit confirming it met the necessary medical and infrastructural requirements. Following an affidavit by the hospital, the HC allowed the termination.

The court noted the legal gap in Form A and left it open for future consideration. The HC has scheduled the matter for further hearing on March 10, 2025.