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.
Also read- Allahabad HC denies permission to 13-year-old rape survivor to terminate 32-week pregnancy
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.
Therefore, the Division Bench referred to Section 3 (2)-B) which reads, “(2-B) The provisions of sub-section (2) relating to the length of the pregnancy shall not apply to the termination of pregnancy by the medical practitioner where such termination is necessitated by the diagnosis of any of the substantial foetal abnormalities diagnosed by a Medical Board.”
The matter was taken up before the court after the petitioner approached the High Court during her 31st week of pregnancy seeking termination. However, the single judge dismissed the writ petition, reasoning that the advanced gestation period of 32 weeks increased the likelihood of the baby being born alive. Aggrieved by this decision, the appellant filed an appeal.
Passing the judgment, the bench observed,
"The length of pregnancy is not a matter for termination if the Medical Board opines that a substantial fetal abnormality exists. The appellant has a prayer that, there exists substantial foetal abnormality. The appellant shall be permitted to undergo iatrogenic foetal demise of the fetus."
Further, the court directed the Medical Board at Government Medical College, Kalamassery, to examine the case based on a report dated March 5, 2025, and determine if a substantial foetal abnormality exists. If such an abnormality is found, the petitioner will be issued a certificate allowing her to seek medical termination at a hospital of her choice.
However, the Government Pleader informed the court that Kalamassery Medical College does not have the required facilities for the procedure. The court, therefore, ordered the medical college to immediately constitute a medical board and issue the necessary certification.
To view the official order, click on the link below:
