Kerala HC Permits 32-Week Pregnancy Termination for Fetus with Neurological Abnormalities
Ernakulam: The Kerala High Court recently granted relief to a petitioner, permitting her to undergo iatrogenic fetal demise after recognizing that her pregnancy had progressed beyond 32 weeks. This decision was made based on the opinion of a medical board, which stated that the unborn child would likely suffer from severe neurological abnormalities if born alive.
The court issued the order after the petitioner, a 32-week pregnant woman, sought permission to terminate the pregnancy beyond the legally prescribed gestational limit due to the significant fetal abnormality.
Taking note of the medical board's opinion that the newborn baby might face substantial risk, Division Bench of Justice A.Muhamed Mustaque and Justice P. Krishna Kumar allowed the woman to terminate her fetus citing Section 3(2-B) of the Medical Termination of Pregnancy (MTP) Act, 1971.
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As per Section 3 (2) (a) of the Medical Termination of Pregnancy Act of 1971, medical termination of pregnancy is permitted if the gestation period does not exceed twenty weeks. Additionally, under Section 3(2)(b), pregnancy between 20 to 24 weeks may be terminated if two registered medical practitioners are of the opinion that continuing the pregnancy would pose a risk to the life of the pregnant woman, cause grave injury to her physical or mental health, or if there is a substantial risk that the child if born, would suffer from a serious physical or mental abnormality.
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