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Madras HC permits termination of 31-week pregnancy due to serious foetal brain abnormalities

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SCC Times
Bottom Line Up Front (BLUF)

The Madras High Court quashed the Medical Board's refusal to permit termination of a 31-week pregnancy. The Court allowed the termination after detecting agenesis of the corpus callosum and bilateral ventriculomegaly in the foetus, acknowledging the mother's difficult decision.

Ratio Decidendi · Legal Principle Established

The court can override a Medical Board's refusal to permit pregnancy termination when serious foetal abnormalities are detected, even at an advanced gestational stage, to uphold the mother's right to make a painful decision regarding her body and the future of the child.

Practice & Procedural Impact for Advocates

Advocates should highlight the severity of foetal abnormalities and the emotional distress of the mother when challenging Medical Board decisions. Litigants seeking late-term abortions due to foetal anomalies may find relief by demonstrating the profound impact on the mother's physical and mental health.

Key Legal Takeaways

  • 1Madras High Court allowed termination of a 31-week pregnancy.
  • 2The decision was based on detected foetal brain abnormalities (agenesis of the corpus callosum and bilateral ventriculomegaly).
  • 3The Court quashed the Medical Board's refusal, prioritizing the mother's decision.

The Legal Issue The Madras High Court addressed a petition challenging the Medical Board's refusal to permit the termination of a 31-week pregnancy. The refusal was made despite the detection of serious foetal brain abnormalities, specifically agenesis of the corpus callosum and bilateral ventriculomegaly.

Court's Reasoning The Madras High Court considered the mother's

Read the SCC Times report