Kerala High Court Allows Married Couple To Terminate 24 Weeks' Pregnancy Citing Substantial Foetal Abnormality

Justice Devan Ramachandran however said the procedure will be carried out only in Government Medical College, Ernakulam.

“I have examined the report of the Medical Board and as already indited above, it states - without any ambiguity - that the chances of the baby surviving after a full term of pregnancy and of living a full life thereafter are extremely low.

During the hearing, on October 11, 2023, the Court had directed the Superintendent of Ernakulam Government Medical College to constitute a Medical Board on urgent basis to examine the mother and to submit a report before the Court. The Medical consisting of five experts conducted the medical examination of the mother.

The Court found that the Medical Board has found Hypoplastic Left Heart Syndrome for the foetus on the Anomaly scan, which was confirmed by Ultrasound Scan and other medical examinations. The Medical Report stated that even if the baby was born alive, it would require multiple palliative procedures and even then the chances of survival were very less.

“ They say that, as per the Foetal Echo Report, the baby has a complex congenital heart disease and that “it carries very poor prognosis with high morbidity and mortality after birth” (sic). It concludes saying that even if the baby is to survive, it will require multiple palliative procedures; and that even with such, the chance of survival is very low.”

The report also stated that the medical termination of pregnancy could also cause certain risks to the health of the mother. Further, Justice Ramachandran also interacted online with Superintendent of Government Medical College, Ernakulam on October 16, 2023 to seek medical opinion. The Court was apprised that the risks mentioned in the report to the mother were inherent risks present in every termination of pregnancy.

“Doctor has unreservedly said that the risks that have been recorded in the report are those which are associated with any surgery of this nature; and that the chances of the mother having to face conditions like uterus rupture, hysterectomy etc. are less than one in one thousand. He submitted that such risks are inherent in every termination of pregnancy and that there is nothing unusual in the case of the first petitioner herein.”

The Court thus allowed the writ petition and directed the Superintendent, Government Medical College, Ernakulam to assign the Head of the Department, Gynaecology to assist with the procedure.

“Resultantly, I allow this writ petition and permit the medical termination of the foetus of the first petitioner; however, only in the Government Medical College, Ernakulam.”

Counsel for the Petitioners: Advocates K.G.Rajeesh and C.Y.Vinod Kumar

Counsel for the respondents: Government Pleader Vidya Kuriakose

Citation: 2023 LiveLaw (Ker) 573

Case title: AT v Union of India

Case number: WP(C) NO. 33438 OF 2023

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