‘Mother’s choice is ultimate’: Delhi HC allows 33-week pregnant to terminate pregnancy

The Delhi High Court on Tuesday allowed a 33-week pregnant woman to terminate a 33-week-old foetus due to serious brain abnormalities discovered in the foetus’s MRI.

The Delhi High Court said while doing so, “The Court comes to the conclusion that the mother’s choice is ultimate. Considering this, the Court holds that the medical termination be allowed. The petitioner is permitted to undergo termination immediately at the LNJP Hospital or any other hospital of her choice.”

“There exists considerable doubt and risk regarding the unborn child’s chances of leading a dignified and self-sustaining life based upon the medical evidence and report,” the court said while allowing a woman’s prayer for termination of pregnancy, which is in an advanced stage.

“In such cases, the medical board’s opinion in cases of pregnancy termination is critical for court assistance.Such opinions cannot be sketchy and fragmented. They ought to be comprehensive in nature,” the court said.

The Delhi High Court on Monday reserved its order on a petition by a 26-year-old woman seeking to terminate her 33-week pregnancy on account of the foetus suffering from certain cerebral abnormalities.

The woman approached the high court last week after the GTB Hospital denied her request for a pregnancy termination on the grounds that the situation required judicial intervention because the petitioner’s current gestational age exceeded the permitted limit, which is 24 weeks as per the amended Medical Termination of Pregnancy Act, which came into effect on September 24, 2021.