Bombay High Court denies termination at 28 weeks, citing no life-threatening fetal anomaly or established danger to the mother

The 32-year-old petitioner sought termination of a pregnancy after medical reports identified a hypoplastic nasal bone and severe oligohydramnios.

The pregnancy was recorded as 25 weeks and 6 days in the Medical Board’s report; an earlier sonography report noted a gestational age of 28 weeks and 3 days.

The Board found no gross fetal anomaly or life-threatening fetal abnormality.

The petitioner was also being treated for idiopathic thrombocytopenic purpura (ITP), but the Board did not state that continuation of the pregnancy would endanger her life.

The Court considered the Board’s report and the petitioner’s request

Whether termination could be permitted beyond 24 weeks on the basis of the reported fetal conditions

Whether the petitioner’s ITP, as recorded by the Medical Board, established a sufficient risk to her life to warrant termination

The Court considered Section 3 of the Medical Termination of Pregnancy Act, 1971, which permits termination subject to the statutory limits and conditions, including the provisions concerning pregnancies beyond 20 weeks and up to 24 weeks.

It also considered the statutory exception concerning substantial fetal abnormalities diagnosed by a Medical Board, together with the Medical Termination of Pregnancy Rules, 2003, including the category relating to fetal malformation that carries a substantial risk of incompatibility with life or of serious physical or mental handicap.

The Court’s reasoning required consideration of the Medical Board’s findings on fetal abnormality and the risk to the pregnant woman

The Board reported hypoplastic nasal bone and severe oligohydramnios but expressly recorded no gross fetal anomaly and no life-threatening fetal abnormality.

Although the petitioner had ITP and the pregnancy was classified as high-risk, the Board did not find that continuation of the pregnancy would pose a danger to her life.

In the absence of a specific finding establishing the requisite fetal abnormality or maternal risk, the Court was not persuaded to permit termination

It made no order as to costs.