Medical Termination Of Pregnancy Permissible Only For Substantial Foetal Abnormalities Confirmed By Competent Medical Board: Kerala HC

“Statutorily, under the mandate of Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971 ('Act' for short), it is only in cases where the foetus has substantial abnormalities diagnosed by the competent Medical Board, can the termination of pregnancy be sought for”,

Justice Devan Ramachandran, on considering a plea moved by the petitioners-husband and wife did not approve the medical termination of the pregnancy of a 30-week-old foetus since the Medical Reports did not suggest lethal foetal abnormalities endangering the life of a newborn baby.

“Indubitably, the opinion of the experts is conclusive that the foetus is doing well, though may be born with a renal abnormality, however, without any definiteness as to the scale which would present, varying from mild to severe. Apodictically, therefore, this is not a case where this Court can accede to the request of the petitioners, particularly when the foetus has attained the gestation of 30 weeks.” , the Court stated.

The petitioners had approached the Court seeking medical termination of pregnancy alleging that the foetus had substantial foetal abnormalities. They claimed that the foetus had 'bilateral enlarged echogenic Kidneys for the foetus, with presence of micro cysts in both of them' and it would be born with grave abnormalities.

The Court thus sought reports from the District Medical Board constituted by the Government Medical College, Ernakulam.

The report suggested that pregnancy can be continued since there was no lethal foetal anomaly and other health conditions can only be assessed after the birth of the baby. It also recommended for further evaluation by an expert medical team available at SAT Medical College Campus, Thiruvananthapuram comprising fetal medicine experts, geneticists and paediatric nephrologists.

On perusing the reports from two competent medical boards, the Court found thus:

“It is evident and obvious from the afore two reports that it is the specific opinion of the experts and doctors that the foetus is not suffering from lethal anomaly; and that the renal cyst and diabetes syndrome diagnosed by genetic study, is a multisystemic disorder which is variable from mild to severe renal impairment, which can be assessed only after the birth of the baby.”

Accordingly, the Court closed the writ petition stating that it could not pass any further orders since the medical reports from competent medical boards suggested that the foetus was doing well health-wise. It noted that the petitioners were also satisfied now since they have a better diagnosis of the health condition of their foetus.

The petitioners were represented by Advocates Cibi Thomas, C J Soloman, E G Ambily

Citation: 2023 LiveLaw (Ker) 764

Case title: Aswathy Surendran v Union of India

Case number: WP(C) NO. 40518 OF 2023

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