Team  SoOLEGAL

Bombay HC Allows to Abort a baby of 24-Week Foetus of a Surrogate Mother with Consent from Intended Parents

Team SoOLEGAL 2 Jan 2019 3:32pm

Bombay HC Allows to Abort a baby of 24-Week Foetus of a Surrogate Mother with Consent from Intended Parents

The Bombay High Court on 20th December 2018 allowed a surrogate mother to abort her 24-week foetus, in the pursuance that foetus poses numerous heart abnormalities and was expected to require multiple surgeries with high morbidity and mortality rate after birth. The petitioner had entered into an agreement with a Pune-based couple, for carrying their baby.

However, she approached the court when revealed about the serious defects in the heart of the foetus after routine check-up and screening. The court subjected the petitioner to the medical examination to a medical board, from the help of doctors from the BJ Medical College and Sassoon General Hospital, Pune. The medical team opined that the pregnancy be terminated since the board confirmed that the foetus indeed had several cardiac abnormalities. Therefore the permission from indeed parents was sought by Justice Bharati H. Dangre, in view of the peculiar facts and circumstances of the case.

As informed by the learned counsel that the team of doctors who examined the surrogate mother is made aware of the risk involved and the procedure to be complied with to the petitioner.

Hence, this is a peculiar case where the petitioners before the Court are also joined by the intended parent. Here the baby is to be conceived by applying the Assisted Reproductive Technology (ART). It would be appropriate to obtain the consent of the intended parents in such circumstances and appraised by the report today which the court had directed.

Therefore in the next hearing stated that the intended father was present in court, and consented to the abortion of the child in view of the medical report. The court then ruled that in such phrases, mentioned by the expert team of doctors comprising the Heads of various departments have opined that there are multiple cardiac complication in the baby and that the abortion been  done and hence this Court grants permission to terminate the pregnancy of the petitioner.

Tagged: bombay hc allows abort baby 24 week Foetus surrogate mother consent Intended Parents  
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