Bombay High Court Allows Termination Of 26-Week Pregnancy Considering Severe Fetal Anomalies, Mother's Financial Hardship

The Bombay High Court on Monday (June 22) permitted a married woman to terminate her 26-weeks pregnancy after noting that the woman hailed from the lower strata of the society and that her foetus suffered from severe anomalies, which would require post-delivery cardiac surgeries that she can't afford. [2026 LiveLaw (Bom) 296]A division bench of Justice Bharati Dangre and Justice Manjusha Deshpande allowed the woman's plea after noting that the child if born, will require medical attention but the woman expressed her inability to afford the same."In the wake of the report submitted on June 18, since the foetus suffers from some anomalies and, in the wake of the opinion that the child may require post natal cardiac surgeries, which would involve financial burden, and since the Petitioner, a married women with 26 weeks and 11 days of pregnancy, has also expressed her desire to terminate it in the wake of the status of the foetus in her womb. Further, it is opined that even if she gives birth, the child to be born would require further medical attention, and since the Petitioner has categorically stated that, she belong to a weaker strata of society, and the family may not afford such treatment," the judges recorded in the order. The judges noted that the report of the Medical Board for termination of pregnancy beyond 24 weeks comprised the opinions of the Gynecologist and Obstetrician, Physician, Radiologist, Pediatrician, Anesthetist, Psychiatrist and Psychologist, being its members. It noted that in unequivocal terms, each member of the Medical Board advised the termination of the pregnancy, in the wake of the report of the sonography, which is suggestive of congenital heart disease, short long bones. The bench noted that the Radiologist had particularly opined that these short long bones and cardiac defect favouring Tetralogy of Fallot, which is a rare congenital heart defect present at birth that alters the structure of the heart, causing oxygen-poor blood to flow to the rest of the body"The report clearly indicate that the fetus has strong congregational heart disease which needs tertiary cardiac care for delivery and the newborn, even after birth, would require multiple cardiac surgeries for survival. As a result of the above, we deem it appropriate to accord our approval for termination of the pregnancy of the Petitioner beyond 26 weeks in the light of the report of the Medical Board placed before us," the judges ordered. The judges noted that presently the petitioner has been admitted in the Civil Hospital, Raigad, and is under care of the Doctors and therefore, the bench directed the doctors to carry out the procedure for terminating the pregnancy at the earliest.With these observations, the court disposed of the plea. Appearance: Advocate Dhruti Kapadia appeared for the Petitioner. Additional Government Pleader Monali Thakur represented the State.Case Title: XYZ vs State of Maharashtra (Writ Petition 7618 of 2026)Citation: 2026 LiveLaw (Bom) 296Click Here To Read/Download Order

Bombay High Court Allows Termination Of 26-Week Pregnancy Considering Severe Fetal Anomalies, Mother's Financial Hardship

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Bombay High Court Allows Termination Of 26-Week Pregnancy Considering Severe Fetal Anomalies, Mother's Financial Hardship

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