Mother Has Right To Decide Whether To Bring Child Into World If Child Won't Have Normal Life : Madras High Court

Justice PT Asha held that the mother had a right to decide if she wanted to bring the child into the world, especially when the child would not be able to live a normal life.

“In the instant case, the scan reports clearly show substantial fetal abnormalities. The mother has the right to take a decision as to whether she would like to bring such a child into the world, particularly when the child is not going to lead a normal life. Therefore, this Court has to bow down to the decision of the petitioner / mother who has taken a painful and extreme step by taking note of the considerable risk involved in this child's chance of leading a dignified and self-sustained life,” the court said.

The court added that it was the parents who have to see their child suffer day in and day out. The court also remarked that the unborn child also had a right to live a life of dignity and the court had to consider the life of the child even after the lifetime of the parents.

“It is the parents who would have to watch, day in and day out, the suffering that such a child would have to undergo. The parents have taken this decision to ensure that the child is not brought into this world to lead a life of indignity. Further, the unborn child also has the right to live a life of dignity and not be a subject of ridicule. This Court also has to consider the life of this child after the lifetime of the parents,” the court said.

The court was hearing a woman's plea against the medical board's refusal to permit termination of pregnancy. The woman had gotten married on December 2022 and was already blessed with a male child on February 2024. In the beginning of 2026, the woman conceived again and was taking regular treatment. While so, during one of the trimester scans, it was revealed that there was mild fetal ventriculomegaly.

The second opinion also confirmed the same. The couple had thus decided to terminate the pregnancy. However, the Chairman of Institute of Obstetrics and Gynaecology and Government Hospital for Women and Children refused consent to terminate pregnancy and asked the woman to take genetic test. The woman had thus approached the High Court.

The court noted that the reports clearly indicate that the foetus would be born with abnormalities. The court noted that the condition with which the foetus has been associated will result in an increased risk of developmental difficulties, including speech and language delays, learning difficulties, cognitive dysfunction, behavioural difficulties, lack of communication skills, epilepsy, and intellectual disability.

Referring to the Supreme Court pronouncements which have established that the woman has a right to choose whether she wants to continue pregnancy, and considering the possibility that the child would be born with abnormalities, the court was inclined to permit termination of pregnancy.

Counsel for Petitioner: Mr. N. Manokaran For Mr. A. Kanakavelappan

Counsel for Respondent: Mr. J. V. Sakthi Balakrishnan Government Advocate, Mr. V. Bharanidharan Standing Counsel