Pregnancy Termination of Foetal with Abnormalities beyond 24 weeks
Judgment dated 15.10.2026 of the High Court at Madras in W.P.No.42910 of 2026 of B.T. Savithra Kumari Vs. The Secretar, Health and Family Welfare Department, Government of Tamil Nadu and others
The petitioner married one Vignesh on 14.12.2022. After the marriage, they were blessed with a male baby, namely, Elaija on 15.02.2024. The petitioner would submit that in the beginning of 2026, the petitioner conceived for the second time and regularly took treatment. The case of the petitioner is that in her TRIMESTER SCAN REPORT, it revealed that there was mild fetal ventriculomegaly. The petitioner took a second opinion and the second opinion also confirmed the same. Therefore, the petitioner and her husband expressed their consent to terminate the petitioner’s pregnancy. However, the 3rd respondent refused and asked the petitioner to take genetic test. Therefore, the petitioner is before this Court.
Since the reports clearly indicated that the unborn would be born with abnormalities, the petitioner and her husband had taken a heart-rending decision to terminate the pregnancy medically on 13.10.2026. Therefore, the petitioner had made a representation to the 1st respondent with a copy to the respondents 2 and 3, wherein, she submitted that only after September 2026, she had come to learn about the abnormality of the fetus. Therefore, she requested for https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/10/2026 02:04:10 pm ) __________ Page7 of 19 WP No. 42910 of 2026 termination of pregnancy. The condition with which the fetus has been associated will result in an increased risk of developmental difficulties, including speech and language delays, learning difficulties, cognitive dysfunction, behavioral difficulties, lack of communication skills, epilepsy, and intellectual disability. The petitioner has clearly expressed that her desire was not to complete her period of pregnancy as a child with abnormalities would be subject to ridicule in the society. The petitioner was referred to the medical board which has not approved the request for termination on the ground that the neurological abnormalities were not lethal. Further, they had stated that in the absence of genetic testing isolated corpus callosal agenesis carries variable prognosis and it is non lethal. A genetic test would not serve the purpose as the genetic test would only trace the genetic history of the fetus in question.
A reading of the MTP Act and MTP Rules would indicate that pregnancy of the woman can be terminated only by a registered medical practitioner. If the pregnancy is over 20 weeks but less than 24 weeks, it shall be terminated subject to the opinion of the two registered medical practitioners as per Section 3 (2) read with Rule 3 B. If the pregnancy length is beyond 24 weeks and where the termination is required to save the life of the pregnant woman then opinion of one registered medical practitioner in terms of Section 5 would suffice. In case, the period is beyond 24 weeks and it is found that there are substantial foetal abnormalities, then pregnancy can be terminated with the approval of the medical board as per Section 3 (2B) read with Rule 3 A (a) (i). In the instant case, the pregnancy has crossed 24 weeks and the Board has not granted its approval.
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.
