The Kerala High Court has allowed a couple whose baby has been diagnosed with Skeletal Dysplasia (a series of genetic disorders that affect the development of bones and cartilage) to give their newborn baby into the care of the Child Welfare Committee (CWC) following a medical board concluding the fetus does not have a lethal condition and there is no need for a medical termination.
Justice Harisankar V. Menon made the order after the couple changed their original request. Originally, the couple had asked for permission to terminate the pregnancy after 33 weeks, but after the medical board report, they changed their request to ask if they could give the baby to the CWC.
An expert medical panel was appointed by the High Court to look into the fetus' condition.
The medical board found that the fetus does not have a lethal form of Skeletal Dysplasia and recommended against termination. They also highlighted that it would be difficult to determine the prognosis for the child’s development without additional genetic tests.
However, they did say that the child could be given to the appropriate child welfare body if the parents didn’t wish to take them on.
As a result of this, the couple changed their original request to ask if they could give the baby to the CWC. The court allowed this, and the authorities will work with the couple to organize the handover.
Under India’s Medical Termination of Pregnancy (MTP) Act, 1971 (amended in 2021), there are certain time limits on when a pregnancy can be terminated. Under Section 3(2B) of the Act, the gestational limits specified in Section 3(2) do not apply when termination is necessitated by substantial fetal abnormalities diagnosed by a Medical Board. This does not mean that every fetal abnormality automatically permits termination.
Therefore, this is not a general rule for when a pregnancy goes past 24 weeks.
In this case, the medical board recommended against the termination as the fetus did not have a lethal condition and there was no medical need for the termination. The court took this into consideration, along with the couple deciding they wouldn’t want to keep the child.
This ruling should not be seen as a general rule for all pregnancies where there is a skeletal abnormality in the fetus.
Under Section 35 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the surrender of a child involves a prescribed process before the Child Welfare Committee, including an inquiry and counselling. The law also provides parents or guardians with two months to reconsider their decision after surrender. The provision sets out the general legal process for surrender.
Skeletal dysplasia refers to a wide range of genetic disorders that affect the development of bones and cartilage. Each type of skeletal dysplasia can vary greatly in severity.
Examples of these include Achondroplasia and Hypochondroplasia, which are generally linked to disproportionate short stature.
Achondroplasia is the most common form of skeletal dysplasia linked to short limb dwarfism. This means that those affected will generally have shorter arms and legs, with average-sized torsos. Their heads will also have distinctive features. Many people will live a full life, however, some may require medical attention for any issues relating to their spine, breathing, etc.
Hypochondroplasia is generally a less severe form of skeletal growth disorder. The features can be quite subtle, so it may not be noticed until later in childhood. Symptoms and concerns can vary between individuals.
Both are often linked to altered FGFR3 genes, which control bone growth. However, there are many different types of skeletal dysplasia, and some can cause major issues.
In this case, the medical board stated that the fetus did not have a lethal condition. However, they also highlighted that, without further genetic testing, it would be difficult to determine how the child would develop.
References:
National Institutes of Health (NIH). MedlinePlus: Achondroplasia. Accessed October 29, 2026. https://medlineplus.gov/genetics/condition/achondroplasia/.
National Institutes of Health (NIH). MedlinePlus: Hypochondroplasia. Accessed October 29, 2026. https://medlineplus.gov/genetics/condition/hypochondroplasia/.
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