In the first decision of its kind, the Calcutta High Court allowed a 37-year-old woman to undergo medical termination of pregnancy at 34 weeks considering the fact that the fetus had spina bifida, which is an incurable disorder.

The woman had filed a petition last week which stated that doctors at several private hospitals had concluded that the baby’s spine and spinal cord will not be properly formed. A baby born with spina bifida is unable to move or perform normal functions and could die within weeks.

The decision makes it the most delayed abortion in the country to receive legal approval. Earlier, in August, 2021, the Bombay high court had allowed a 20-year-old woman to undergo abortion at 33 weeks as the fetus suffered from Arnold Chiari malformation II.

In the recent case, Justice Rajasekhar Mantha asked the woman if she was ready to take the risk of such a late abortion, and allowed it after she gave an affirmative response. The court asked the woman and her husband to sign an undertaking that they would not hold anyone responsible if anything goes wrong during the procedure. A medical board was constituted at SSKM Hospital, which approved the appeal for termination of pregnancy.

The couple had appealed for an MTP last week after reports confirmed the disorder in the fetus. According to Sutapa Sanyal, the woman’s lawyer, three ultrasonography tests were conducted, one at a government hospital and others at two private hospitals, which confirmed that the fetus had spina bifida. Doctors at multiple private hospitals, whose opinion was sought, endorsed the termination.

A gynecologist and medico-legal expert from Mumbai, Nikhil Datar, said that there was no medical reason for not allowing the abortion as the risk involved is not more than that observed for an induced delivery.

Source: ET Healthworld