Madras HC allows termination of 26-week pregnancy

CHENNAI: The Madras high court has allowed the termination of a woman’s 26-week pregnancy after medical tests revealed that the fetus had health complications and the child would require multiple and extensive surgeries with a remote chance of survival.
The Trichy woman moved the court seeking permission to terminate the pregnancy after the legally permissible gestation time of 20 weeks. Scan reports during the 18th week of her pregnancy revealed that the fetus seemed to have dilated ventricles — a brain condition.

On advice of doctors, the woman underwent tests again after two weeks, which revealed that the fetus had ‘severe congenital defects’ and the growth was becoming worse day by day. The woman was advised by two different doctors to terminate the pregnancy as soon as possible.
She told the court that she is willing to undergo any further medical tests or consultation before any medical board that may be constituted by the courts and also stated that her husband, who is living in France, is willing to give his consent for the abortion.
The court, subsequently directed her to appear for a medical examination at the Tuticorin Government Medical College Hospital, where a medical board comprising a paediatrician, neurosurgeon, neurologist, cardiologist and obstetrician assessed her previous medical reports and subjected her to various tests and filed a report before the court.
The medical board was of the unanimous opinion that the woman should be allowed to abort the fetus.
“When the medical board has given an expert opinion suggesting that the growth of the fetus is either very weak or it is confronting several medical anomalies, and has recommended to abort the fetus, this court cannot ignore the recommendations,” a division bench of Justice R Subbiah and Justice C Saravanan said. The bench cited the medical expert’s opinion and said, “Even if the child in the womb is born, its survival will be medically remote as it has to confront numerous surgeries, which cannot assure its longevity.” In such circumstances, if the pregnancy is not ordered to be terminated, the woman would be subjected to mental trauma and hardship, the court ruled.