Her choice :HC allows abortion at 33 weeks
The “ultimate decision” in cases of abortion should “recognize the choice of the
mother” and the chances of a “dignified life” to the child, the Delhi high court said on
Tuesday as it allowed a woman to terminate her pregnancy of over 33 weeks due to
cerebral abnormalities in the fetus.
Delivering her verdict, justice Prathibha M Singh said that factors like the physical and
the mental health of the woman, the risk to the child if born with serious abnormalities,
coupled with the risk of surgery at a young age, should be considered apart from the
opinion of a medical boarAccording to the Medical Termination of Pregnancy (MTP)
Act, abortion is allowed only till 24 weeks but termination of pregnancy beyond 24
weeks can be permitted only if it is necessitated by the diagnosis of “substantial fetal
abnormalities”.
Allowing medical termination of the pregnancy, the judge said, “Keeping in mind, these
two factors, the court is of the opinion that the mother’s choice has been made in a
completely bonafide manner. There exist risks involved in the unborn child’s chances
of leading a dignified and self-sustaining life based on medical reports.”
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