Bombay HC rejects plea seeking termination of 24-week foetus with Down Syndrome

33-year-old woman, pregnant with twins, had filed petition after learning one of the foetuses suffered from untreatable chromosomal anomaly which would cause substantial risk of mental or physical disability

The Bombay High Court has rejected a petition filed by a 33-year-old woman from Dahisar, 24 weeks pregnant with twins, to allow her to terminate one of the foetuses diagnosed with Down Syndrome.

A Division Bench of Justices R.D. Dhanuka and Abhay Ahuja rejected the petition based on recommendations of a medical board.

On May 15, the court had referred the woman to a medical board of the JJ Hospital and Grant Medical College, and had asked the board to submit a report by May 22. The board made recommendations contrary to the woman’s application, following which the Bench rejected the petition.

The board said there are chances that the termination of one foetus will affect the other.

The woman had said she had gone through maternal screening tests on April 29 and May 7. The second test results showed that one foetus suffered from Down Syndrome. On May 11, she took a second opinion from a gynaecologist and obstetrician who said the foetus suffered from an untreatable chromosomal anomaly, which could cause substantial risk of mental or physical disability.

This prompted her to approach the High Court seeking permission to terminate the foetus, claiming that the gynaecologist had told her terminating one foetus would pose no higher risk to her in the delivery.