Madras High Court permits late-term abortion for fetus with brain defects
The Madras High Court ordered a termination of a pregnancy beyond 24 weeks after scans showed severe fetal brain abnormalities, overruling a medical board’s refusal.
In a decision dated October 15, the Madras High Court allowed a woman to terminate her pregnancy after fetal scans revealed agenesis of the corpus callosum and ventriculomegaly, conditions linked to significant developmental risks. Justice PT Asha set aside a medical board’s denial, which argued the abnormalities were not fatal and prognosis uncertain without genetic testing. Referring to the Medical Termination of Pregnancy Act and the Supreme Court’s Suchita Srivastava ruling, the judge affirmed the mother’s right to choose.
The court directed the attending hospital to carry out the termination through a qualified medical practitioner. The ruling emphasizes parental concerns about the child's future dignity and quality of life.
Why it matters
It clarifies legal rights for late-term abortions when severe fetal abnormalities are diagnosed.
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