The judgment emphasizes adherence to medical guidelines for terminating pregnancies with substantial foetal abnormalities under the MTP Act, allowing necessary procedures as per judicial and statutory frameworks.

K. NATARAJAN, J.

This Writ Appeal is filed by the appellants/petitioners in W.P.(C)No.3135/2026 for setting aside the condition No.4 of the direction passed by the learned Single Judge of this Court vide judgment dated 30.01.2026.

2. We have heard the learned counsel for the appellants, learned Senior Government Pleader appearing for respondents 2 to 6 and also the learned counsel who appeared for the Amrita Institute of Medical Sciences, Kochi.

3. We have perused the judgment passed by the learned Single Judge of this Court, which reads as follows:-

“1. The sixth respondent shall take immediate measures for constituting a Medical Team to conduct the termination of the first petitioner’s pregnancy, on production of a copy of this judgment.

2. The Medical Team shall, in their discretion and best judgment, adopt the best procedure recommended in the medical science to terminate the pregnancy and save the life of the first petitioner.

3. The petitioners shall file an undertaking authorising the sixth respondent to terminate the pregnancy at their risk and costs.

4. If the foetus is born alive, the hospital shall render all the necessary assistance, including incubation and treatment at any super-speciality, to ensure that the foetus survives. The baby shall be offered the best medical treatment and the petitioners shall take full responsibility and bear the expenses for the baby.

5. Before conducting the termination of the pregnancy, the Medical Board shall reconfirm the fetal abnormalities by performing a final scan.

6. The parties shall appear before the Superintendent of Medical College Hospital, Kottayam on 31.01.2026”.

4. The learned counsel appearing for the appellants contended that the 1^st appellant approached the learned Single Judge of this Court seeking medical termination of a pregnancy that was 31 weeks + 3 days old, after it was found that the foetus suffers from congenital abnormalities of the brain and head, including features suggestive of microcephaly, carrying a high likelihood of serious and lifelong physical and neurological disabilities, as per the reports of the hospitals produced herein as Exts.P4 to 6. After considering the arguments, the learned Single Judge of this Court passed the impugned order permitting the medical team to conduct the Medical Termination of Pregnancy (hereinafter referred to as “MTP”) and following all the procedure. However, the learned Single Judge of this Court has observed that if the foetus is born alive, the hospital shall render all necessary assistance, including incubation and treatment at any super- speciality hospital, if the foetus survives, all the treatment expenses will be borne by the petitioners.

5. The learned counsel appearing for the appellants brought to the notice of this Court regarding Section 3 (2-B) of the Medical Termination of the Pregnancy Act, 1971 (hereinafter referred to as “MTP Act”) and contended that as per the circular of the Central Government, in V.c, where stopping of foetal heart beat has been prescribed. The same was not considered by the learned Single Judge of this Court. Hence, prayed for allowing the appeal and permitting them to go for the MTP as per the Regulation and circulars of the Central Government.

6. Per contra, the learned Government Pleader submits that though they supported the judgment of the learned Single Judge, but condition No.4 of the order is not sustainable in view of the observation and judgment of the learned Single Judge of this Court a