Kerala High Court Allows Married Couple's Plea To Terminate 32-Week Pregnancy On Grounds Of Foetal Abnormality, Mother's History Of Depression

The Kerala High Court on Monday allowed the medical termination of a 32-week pregnancy of a woman.

The parents-to-be had approached the Court seeking termination of pregnancy on the ground that the unborn child was suffering from severe neurological and respiratory abnormalities, as revealed from medical reports, and that even if the pregnancy was allowed to be continued, the child would have serious complications which would not allow it to lead a normal life. 

Justice Devan Ramachandran also took note that the expectant mother, who is the 1st petitioner herein, had a history of depression. 

"I am of the firm view that taking note of the mental health of the mother, which is vital to a child if it is to be born alive, and respecting her autonomy with respect to her physiological and psychological requirements, I deem it appropriate to allow this writ petition," the Court observed. 

During the hearing today, the Court interacted with Dr. Ganesh Mohan, Superintendent of Govt Medical College Hospital, Ernakulam, and Dr. Geetha Nair, Chairperson of the Medical Board. 

The Court was told by Dr. Mohan that the condition of the child was such that the prognosis was not favourable, and that the continuation of the pregnancy could also adversely affect the mental health of the mother, considering her previous history of depressive disorder. The doctor thus submitted that while the continuation of the pregnancy would certainly not affect the 1st petitioner's physical health, the possibility of it affecting her mental health could not be ruled out. 

The doctor added that since the pregnancy was at an advanced stage of 32 weeks, and the foetus had also attained a weight of 1.5Kg, there was a possibility of the baby being born alive, although its life may be severely constrained. Dr. Mohan further informed the Court that since the petitioner mother had her first baby delivered through C-Section, leaving an inevitable scar on her uterus, the baby in the present situation would also have to be taken out through the same method, as induction of labour would not be possible. 

The doctor was of the view that in such a scenario, there was a 70% chance of the baby being alive, in which case, it could be given the best possible care through the Neonatal Intensive Care Unit (NICU). He however expressed reservation as to the continued life of the foetus. 

"The afore explanation of Dr. Ganesh Mohan juxtaposed by the report of the Medical Board...clearly leaves no choice for this Court or the parents," the Court observed, while allowing the termination of the pregnancy. 

The Court directed the procedure to be done at the Government Medical College Hospital, Ernakulam, and directed Dr. Nair to oversee the procedure. Dr. Nair and her team were also granted liberty to take a call on how to go on with it, including by performing a C-Section, if it was found to be the most rational option. 

"If the child is to be born alive, then all care and protection would be given, and depending on the prognosis, it is left to the Medical Board, to decide in what manner further action will need to be taken forward. With the above purpose, I direct the petitioners to admit the first amongst them in the GMC, forthwith, if possible today itself, and Dr. Ganesh Mohan, Superintendent of the Hospital is requested to give them full assistance for this purpose to ensure that the steps are completed without any complication, and full support being given to the petitioner mother," the Court added, while disposing the plea. 

The Court also requested a report to be placed before it by next Monday regarding the procedure carried out, and also requested the presence of Dr. Mohan and Dr. Nair on the said date, in case of any further clarification being required. 

Advocates Akash S. and Girish Kumar M.S. appeared on behalf of the petitioners. 

Citation: 2023 LiveLaw (Ker) 632

Case Title: XXX & Anr. v. Union of India & Ors. 

Case Number: WP(C) 36490/ 2023