The Kerala High Court has granted permission to a couple to terminate their pregnancy after medical scans indicated serious fetal abnormalities that could lead to developmental challenges, including potential intellectual disabilities, as the child matures.
In response to the couple’s request to have the procedure at their preferred medical facility, Justice Harisankar V Menon stated, “I believe the petitioners have valid grounds for seeking a Medical Termination of Pregnancy (MTP)… The hospital is instructed to perform the MTP as recommended by the Medical Board in their report,” in a ruling delivered on July 2.
This decision referenced a previous directive from June 24, which called for the formation of a medical board to evaluate the situation. The board’s findings were detailed in a report that highlighted various abnormalities, including developmental delays and mental health issues like intellectual disabilities.
The court noted that the board also advised administering intrauterine feticide prior to proceeding with the termination of the pregnancy.
The couple, represented by attorney Akash S, argued that a routine scan revealed “severe ventriculomegaly” in the fetus. They expressed concerns that if the fetus were to be born, it could face intellectual challenges, developmental setbacks, and other significant health issues. The pregnancy was noted to be at an “advanced stage of 29 weeks.”
Ventriculomegaly is a medical condition characterized by the enlargement of the brain’s fluid-filled cavities, known as cerebral ventricles.
In addition to requesting an MTP utilizing all medically approved methods, the couple’s petition sought immediate action from the Director of Health Services, the District Reproductive and Child Health Officer, and a private hospital, urging them to facilitate a timely examination and the procedure.
The medical board’s assessment was submitted to the court by Government Pleader Pooja Surendran.
Upon approving the couple’s request, the court instructed the private hospital to consider the medical board’s recommendation that “Intrauterine foeticide may be considered before termination of pregnancy” when conducting the MTP.
