Court permits abortion under MTP Act after medical board confirms serious congenital cardiac anomaly and cites financial hardship
The Bombay High Court has permitted a woman to terminate her 26-week pregnancy after a medical board concluded that the fetus was suffering from a severe congenital heart defect that would require complex medical intervention after birth.
The order was passed on June 22 by a Division Bench comprising Justice Bharati H. Dangre and Justice Manjusha A. Deshpande while hearing a petition filed by a woman aged between 20 and 25 years seeking permission for immediate termination of pregnancy under the Medical Termination of Pregnancy (MTP) Act, 1971.
Medical Board Confirms Severe Congenital Heart Defect
The petitioner approached the Bombay High Court after a medical certificate issued by the Civil Hospital in Maharashtra’s Raigad district revealed significant fetal abnormalities. Representing the petitioner, advocate Dhruti Kapadia submitted that the serious congenital anomalies necessitated judicial intervention for termination of pregnancy beyond the statutory limit.
The High Court directed the Civil Hospital to constitute a medical board to examine the condition of the fetus and submit its findings.
According to the medical board’s report, the fetus was diagnosed with a severe congenital heart defect that would require tertiary cardiac care immediately after delivery. The report further stated that multiple cardiac surgeries would likely be necessary for the child’s survival after birth.
Financial Constraints Considered by the Court
During the hearing, counsel for the petitioner also informed the court that the woman did not have the financial capacity to bear the substantial expenses associated with advanced cardiac treatment and multiple surgeries required for the child.
Taking note of the medical board’s opinion, the bench observed that the fetus was suffering from serious anomalies and that postnatal treatment would involve extensive cardiac surgeries, placing a significant financial burden on the family.
The court also recorded that the petitioner, a married woman who was 26 weeks and 11 days pregnant, had expressed her desire to terminate the pregnancy after learning about the fetal condition.
Court Takes Socio-Economic Circumstances Into Account
The High Court further observed that even if the child were born, the newborn would require continuous specialised medical care. It noted that the petitioner belonged to a weaker section of society and that her family might not be in a position to afford the expensive treatment required for the child’s survival.
Considering the medical evidence, the financial hardship faced by the petitioner, and her informed decision to terminate the pregnancy, the Bombay High Court granted permission for medical termination under the provisions of the Medical Termination of Pregnancy Act, 1971.
