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Bombay High Court rejects plea to abort foetus with heart defects

The Bombay High Court on Monday rejected a plea by a Mumbai couple seeking to abort their 25-week unborn child who was found to have congenital heart defects - a case that had generated intense debate over ethical implications of the law on abortion.

  • IANS
  • Published: 23:25 August 4, 2008
  • Gulf News

Mumbai: The Bombay High Court on Monday rejected a plea by a Mumbai couple seeking to abort their 25-week unborn child who was found to have congenital heart defects - a case that had generated intense debate over ethical implications of the law on abortion.

The much-awaited ruling by a division bench consisting of Justice P.B. Mujumdar and Justice A.A. Sayyad came after the state-run J.J. Hospital submitted a second medical report to the court on whether the petitioners - Niketa and Haresh Mehta - could medically terminate the foetus. The mother entered the 26th week of her pregnancy on Monday.

Last Friday, the judges, while ordering the second medical report, directed a team of doctors to give its clear, confirmed opinion, which would enable the court take a decision in the matter.

The second report was submitted before the court on Monday. In the first report submitted last week, the medical team said there was a "fair chance" the child would suffer abnormalities after birth, leading to severe physical handicaps.

Following this unclear medical opinion, the high court sought a second report with more clarity on the issue.

Severe handicaps

In its second report, the medical team said there was a "least chance" that the child would suffer abnormalities after birth, leading to severe physical handicaps.

In their petition, Niketa and her husband Haresh Mehta contended that since their unborn child faced cardiac complications, the court should permit them to medically terminate the pregnancy.

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