Relief granted to pregnant woman
Kochi: The Kerala High Court has permitted the medical termination of a pregnancy of over 31 weeks after the foetus was diagnosed with serious congenital abnormalities of the brain and head. The court directed Kottayam Medical College to immediately constitute a medical team to carry out the procedure.
Petitioner seeks court’s intervention
The pregnant woman approached the High Court seeking permission to terminate the pregnancy after medical tests revealed that the foetus had abnormalities suggestive of microcephaly, with a high probability of severe and lifelong physical and neurological disability.
Medical board report considered
Justice Shoba Annamma Eapen allowed the termination based on the report of a medical board, which stated that if the baby were born, it would suffer from serious physical abnormalities. The board also opined that continuation of the pregnancy posed a risk to the woman’s mental health.
Court cites humanitarian concerns
After examining the medical evidence and settled legal principles, the court observed that denying permission for termination would only prolong the suffering of the family and delay an inevitable outcome, according to PTI.
Directions to medical college
The court instructed Kottayam Medical College to take immediate steps to form a specialised medical team to conduct the termination. It said the team should use the best procedure recommended by medical science to safeguard the life of the pregnant woman.
Final scan before procedure
The court further directed that before carrying out the termination, the medical team must reconfirm the foetal abnormalities by conducting a final scan to ensure accuracy of diagnosis.
Protocol if foetus is born alive
The High Court also ordered that if the foetus is born alive during the procedure, the hospital must provide all necessary medical assistance, including incubation and specialised treatment, to ensure survival.
Parents to bear responsibility
The court added that in such an event, the baby should be given the best possible medical treatment and the petitioners — the husband and wife — would take full responsibility for the child and bear all related medical expenses.
