Kerala HC Grants Pregnancy Termination of 32-week Fetus with Substantial Deformity

The Kerala High Court recently granted permission for a 32-week pregnant woman for pregnancy termination after she discovered severe foetal abnormalities in an ultrasound scan. The petitioner sought permission from the court to terminate pregnancy beyond the legally allowed gestation limit which the court approved considering the substantial fetal deformities. The Medical Board opined that the unborn child might suffer from significant defects which encouraged the court to make such a groundbreaking decision.

The Division Bench of Justice A.Muhamed Mustaque and Justice P. Krishna Kumar granted permission to appellant-mother to carry medical termination of pregnancy citing the Section 3(2)-B) of the Medical Termination of Pregnancy Act, 1971.

The petitioner, 31 weeks pregnant with her second child, had discovered severe fetal abnormalities in an ultrasound scan on 10th February 2025, which the medical professionals confirmed with the aid of technology. Considering the mental and physical torment that the mother has to go through and the challenging life that awaits the unborn child, she decided to seek approval from the law for pregnancy termination. The Medical Board of the Government Medical College Hospital, Ernakulam, Kerala, confirmed that, as per ultrasound reports, there was a substantial risk of the fetus being born with neurological deformities.

Even though the appeal seeking termination by the woman was acknowledged by the Kerala HC, the single judge initially dismissed the writ petition, reasoning the possibility of live birth. The court further denied permission for intracardiac injection and the petitioner’s request to choose the hospital for termination. Once this judgement was challenged, the Division bench of the High Court held that the length of pregnancy is not a matter for termination if the Medical Board confirms a substantial foetal abnormality. Furthermore, the woman was allowed to undergo iatrogenic foetal demise procedure in a hospital of her preference.

References

1. XXXXXX v. Union of India. Kerala High Court. Judgment. Casemine. Accessed March 12, 2025. https://www.casemine.com/judgement/in/67d85c1660099168d1bc55b1.

‌(Input from various sources)

(Rehash/Jithin Paul/MSM)