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In a recent order Bombay High Court had allowed a surrogate mother to abort her 24-week foetus as the foetus was prone to heart abnormalities and if born it would have been prone to multiple surgeries.
After the routine check-up the foetus was diagnosed with various heart abnormalities and the petitioner had an agreement with a couple based in Pune. It was after all the checkups the petitioner had approached the court. Investigation was carried out by a medical board consisting of doctors and medical practioners from the Bj Medical College and Sassoon General Hospital, Pune. The board had confirmed that the foetus had chronic cardiac abnormalities.
"It is informed by the learned counsel for the petitioner that the team of doctors who examined the surrogate mother is made aware of the risk involved and the procedure to be complied with. However, this is a peculiar case where the petitioners before the Court are also joined by the intended parent, since the child is to be conceived by applying the Assisted Reproductive Technology (ART)”
Justice H. Dangre had taken prior permission from the intented parents regarding the abortion and the mere medical facts of the case. Upholding the petition, the court had ruled that-
"In such circumstances, since 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 pregnancy be terminated, this Court grants permission to terminate the pregnancy of the petitioner no.1."
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