Bombay HC Allows Termination Of 28-Week-Old Foetus As It Had Substantial Risk Of Serious Physical Handicap [Read Judgment]

The Bombay High Court recently allowed a petition filed by a 28-week pregnant woman seeking permission for termination of pregnancy as several deformities were found in the foetus during sonography.

According to the petitioner, there is a substantial risk that if the child is born, it would suffer from serious physical or mental abnormalities which would render the child severely handicapped.

Division bench of Justice Akil Kureshi and Justice SJ Kathawalla allowed the writ petition after perusing through the medical board's opinion.

Medical board comprising of heads of various departments was constituted by the Dean of Sir JJ Group of Hospitals after another bench of Justices RM Borde and NJ Jamdar examined the report of the sonologist on August 8.

Court directed the Dean to constitute the said medical board with the Heads of various Departments like Gynecology, Pediatrics, Cardiology, Radiology and Psychiatry.

The medical board opined-

"Upon examination after careful study of multiple sonography reports, it is confirmed that the foetus suffers from serious physical condition 'Semilobar Holoprosencephaly and complete bilateral cleft lip and palate.' The condition of the foetus fulfils the criteria of 'substantial risk of serious physical handicap'."

After perusing through the said report Court concluded that the petition must be allowed and the petitioner should undergo medical termination of pregnancy.

Thereafter, Advocates Uttam Dubey and Siddhesh Rajput appeared on behalf of the petitioner and informed the Court last Tuesday that their client was not in a position to bear the expenses of the medical termination of pregnancy.

Thus, the bench requested the Dean of Sir JJ Group of Hospitals to arrange for the said medical termination free of costs for the petitioner.

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