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2026 Supreme(Online)(Ker) 33428

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. Snehalatha, J
Sufana P. – Appellant
Versus
State Of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: Mithun P., Sumeen S., Merin Thomas
For the Respondents: Shameer.P.M

Table of Content
1. request for termination of pregnancy due to genetic abnormality. (Para 1 , 2 , 3)
2. statutory and constitutional criteria for late-term medical termination of pregnancy. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11)
3. court order enabling the medical termination procedure. (Para 12)

JUDGMENT

The petitioner has approached this Court seeking medical termination of her 27 weeks old pregnancy on account of serious fetal genetic abnormality detected during prenatal evaluation. According to the petitioner her elder child aged 10 is also suffering from neuro developmental and behavour abnormalities.

2. Petitioner is presently carrying a pregnancy of 27 weeks. The fetus in the present pregnancy was also found to harbour NOTCH 3 genetic variation associated with neuro developmental abnormalities. Subsequently genetic testing including exome sequencing was carried out and the same detected a class II heterozygous variation in the NOTCH3 gene. Parental carrier analysis further revealed that the said genetic variation was maternally inherited and present in the petitioner.

3. The genetic specialists opined that although the variation may manifest later considering the imaging correlat

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