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Madras HC: Respect Mother's Decision on Abnormal Fetus
4 Nov
Summary
- Court permitted pregnancy termination due to substantial fetal abnormalities.
- Judge emphasized mother's right to decide on child's life quality.
- Pregnancy exceeded 24 weeks, requiring immediate termination order.
The Madras High Court, presided by Justice P.T. Asha, has authorized the termination of a pregnancy due to significant fetal abnormalities. The court acknowledged the mother's difficult decision, stating it must respect her choice regarding bringing a child with substantial abnormalities into the world.
The judge emphasized the child's right to a dignified life and considered the parents' well-being, noting they would bear the burden of care. The pregnancy, which had already surpassed 24 weeks, was ordered for termination despite a medical board's opinion that the neurological abnormalities were not lethal.
The petitioner's trimester scan revealed ventriculomegaly, and a second opinion confirmed agenesis of the corpus callosum and bilateral moderate ventriculomegaly. Doctors indicated increased risks of developmental and intellectual disabilities, prompting the couple to seek a court order after initial refusal.
Justice Asha quashed the refusal order from the Institute of Obstetrics and Gynaecology in Chennai, dated October 13, 2026. The ruling underscored the importance of considering the child's future life and dignity, even beyond the parents' lifetime.
