Bombay HC Allows Surrogate Mother To Abort 24-Week Foetus With Consent From Intended Parents [Read Order]

The Bombay High Court recently allowed a surrogate mother to abort her 24-week foetus, as the foetus had numerous heart abnormalities and was expected to require multiple surgeries if born.

The petitioner had entered into an agreement with a Pune-based couple, for carrying their baby. She had, however, approached the court after a routine check-up and screening had revealed serious defects in the heart of the foetus.

The court had then referred her matter to a medical board, consisting of doctors from the BJ Medical College and Sassoon General Hospital, Pune. This board had confirmed that the foetus indeed had several cardiac abnormalities.

Having perused this report, Justice Bharati H. Dangre had thereafter sought permission from the intended parents, in view of the peculiar facts and circumstances of the case.

"It is informed by the learned counsel for the petitioner that the team of doctors who examined the surrogate mother is made aware of the risk involved and the procedure to be complied with. However, this is a peculiar case where the petitioners before the Court are also joined by the intended parent, since the child is to be conceived by applying the Assisted Reproductive Technology (ART).

"In such circumstances, it would be appropriate to obtain the consent of the intended parents and they are appraised of the report which is tendered today," the court had directed.

During the next hearing, the intended father was present in court, and consented to the abortion in view of the medical report.

Allowing the petition, the court then ruled, "In such circumstances, since the expert team of doctors comprising the Heads of various departments have opined that there are multiple cardiac complication in the baby and that the pregnancy be terminated, this Court grants permission to terminate the pregnancy of the petitioner no.1." 

Read the Order Here