Delhi High Court Allows Woman To Terminate 30 Week Pregnancy Over Rare Disorder

Under extraordinary circumstances, the Delhi High Court has allowed a woman to terminate her 30-week pregnancy as the foetus suffered from an unusual chromosomal disorder. The Court further held that the foetus had such substantial abnormalities that normal life might never have been an option. The Court said that the woman would constantly live in fear of the high odds of having a stillbirth if she is forced to continue the pregnancy. Moreover, if the child is born, the mother would have to live with the heavy pain of knowing that she could die in a few months.

Risks To Woman's Health

At the same time, Justice Rekha Palli said the petitioner had certain risks of terminating the pregnancy at such a stage. However, she mentioned that considering medical opinion, the compelling reason to seek permission to end the pregnancy is not difficult to fathom. The Court was also informed that the pregnant woman, who was present at the hearing, explained the risks of ending her pregnancy. The Print quoted the Judge, "I, thus, have no hesitation in holding that this is a fit case where the petitioner should be granted permission to undergo medical termination of her pregnancy at a medical facility of her choice. However, the same shall be done at her own risk and consequences".

Child Not Likely To Survive Beyond A Year

According to the petition, the foetus suffered Edward Syndrome (Trisomy 18), non-ossified nasal bone, and bilateral pyelectasis. If the pregnancy was ordered to reach its logical conclusion, the child would not survive beyond a year with medical assistance. The law allows women to terminate their pregnancy after 24 weeks of gestation only if it observes that the continuance is likely to cause grave injury to their physical and mental health.

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