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Mother's choice is ultimate: Delhi High Court gives nod to abort 33-week pregnancy

Hearing the petitioner as well as her husband and the doctors concerned, the court said it would pass an order on Tuesday morning. The court also heard the lawyers appearing for the parties.

Mother's choice is ultimate: Delhi High Court gives nod to abort 33-week pregnancy AJR
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First Published Dec 6, 2022, 12:40 PM IST

In a recent development, the Delhi High Court on Tuesday (December 6) allowed a plea seeking permission for termination of pregnancy for a woman who was 33 weeks pregnant, due to the foetus suffering from a cerebral deformity.

The Delhi High Court passed the direction after perusing a report from the medical board and hearing submissions of expert doctors.

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While clarifying that she was not taking any view at the moment, Justice Prathiba M Singh on Monday expressed her "ethical concern" in the matter and pondered upon the use of technology to detect any abnormalities in a foetus and thus, have only "perfect children".

"So I am not taking any view either way but I am just saying that we are looking at a society which only has perfect children…If the means are provided, should the parents then have the choice of not having the child at all," the court questioned.

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Hearing the petitioner as well as her husband and the doctors concerned, the court said it would pass an order on Tuesday morning. The court also heard the lawyers appearing for the parties.

Last week, a 26-year-old woman had approached the Delhi high court after the GTB Hospital declined her request for termination of pregnancy. The current gestational age of the petitioner was beyond the permissible limit, which is 24 weeks as per the amended Medical Termination of Pregnancy Act, which came into effect from September 24, 2021.

The medical board constituted by Lok Nayak Jai Prakash Narayan (LNJP) Hospital to examine the case said in its report that while the foetus, once born, would be "compatible with life", the degree of any disability due to the abnormality cannot be predicted and ultimately opined against medical termination of pregnancy in the present case.

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