Delhi High Court Allows Woman to End 32-Week Pregnancy Due to Abnormal Foetus

New Delhi, India – The Delhi High Court has granted permission to a married woman to medically terminate her 32-week pregnancy due to severe abnormalities in the foetus. The decision was made after considering the recommendation from the medical board of the All India Institute of Medical Sciences (AIIMS) and the physical and mental well-being of the woman.

Justice Sanjeev Narula stated, “The continuation of the pregnancy poses a significant risk to the Petitioner’s physical and mental health and is likely to result in the birth of a child with severe health issues.” The court found it appropriate to permit the termination in the best interest of both the woman and the unborn child.

The AIIMS Medical Board had counselled the woman and her husband about the procedure and the risks involved in such a late-term termination. The woman confirmed that it was her personal decision to proceed with the termination after receiving medical advice.

According to Section 3(2B) of the Medical Termination of Pregnancy (MTP) Act, a woman can seek termination beyond the 24-week gestational age if the foetus has substantial abnormalities. The Ministry of Health and Family Welfare has guidelines for late-term termination, classifying certain severe abnormalities as valid reasons for termination.

The court emphasized the importance of the mother’s choice and the potential for a dignified life for the unborn child in making its decision. The woman, aged 31, had sought the court’s permission after an ultrasound and opinions from multiple labs confirmed the foetus’s abnormalities.

Petitioner’s counsel, Amit Mishra, submitted that the foetus had severe abnormalities, which were confirmed by multiple tests. The court directed AIIMS to file a medical report, which led to the final decision to allow the termination.