SC allows women to abort 22 week old foetus suffering from complex neurological problem

July 29, 2017

Medical Board was of opinion that she has spontaneously expressed her desire not to continue with pregnancy” since there was substantial risk of the mortality and the morbidity in foetus, if born alive.

Supreme Court today allowed a woman to abort her 22-week-old foetus, suffering from complex neurological problem, as a medical board favoured termination of the pregnancy which was posing severe mental injury to her.

Apex Court Bench comprising of Justice Dipak Misra and Justice A M Khanwilkar referred to Report of Medical Board of Mumbai-based Sir JJ Hospital, where woman was examined in pursuance to Supreme Court’s July 24 direction, and stated that Termination of Pregnancy be carried out “forthwith”.

Section 3(2)(b), Medical Termination of Pregnancy (MTP) Act prohibits abortion of a foetus after 20 weeks of pregnancy.

Woman had approached Apex Court seeking its nod to terminate her pregnancy on ground that foetus was suffering from a neurological problem.