1. Petitioners seek medical termination of pregnancy at thirty weeks gestation due to fetal abnormalities confirmed by a medical board. (Para 2 )
Back
Next 
2026 Supreme(Online)(Ker) 74856
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Harisankar V. Menon, J
Riswana M. Basheer – Appellant
Versus
Union of India – Respondent
WP(C) NO.38707 OF 2026
Important Points
A woman cannot be compelled to continue a pregnancy against her will; the primary consideration is whether the pregnant woman intends to give birth to the child or not, especially when supported by a Medical Board's opinion.
Subject
Civil - Medical Law
Headnote
(A) Medical Termination of Pregnancy - Fetal Abnormalities - Right to terminate pregnancy - A woman cannot be compelled to continue a pregnancy regardless of the gestational age if she does not intend to give birth to the child, particularly in the presence of fetal abnormalities and Medical Board recommendation. (Para 2)
Issues: Whether the petitioner is entitled to a medical termination of pregnancy at 30 weeks gestational age due to fetal abnormalities.
Issues: Whether the petitioner is entitled to a medical termination of pregnancy at 30 weeks gestational age due to fetal abnormalities.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Sreelakshmi Sabu
For the Respondents: Vidya G Nair, Mintu Cherian
For the Appellants/Petitioners: Sreelakshmi Sabu
For the Respondents: Vidya G Nair, Mintu Cherian
Table of Contents
2. Petitioners request termination of unwanted pregnancy; medical board confirms advisability due to gestational age and fetal condition, suggesting potential iatrogenic foeticide. (Para 2 )
3. The court finds that no authority can compel a woman to continue an unwanted pregnancy regardless of circumstances. (Para 2 )
4. A pregnant woman possesses the reproductive autonomy to determine whether to continue a pregnancy or seek medical termination, which cannot be overridden by external compulsions. (Para 2 )
5. Writ petition allowed; the court directs that medical termination be performed upon the petitioner's written consent, including optional iatrogenic foeticide. (Para 2 )
6. Does a pregnant woman have the absolute right to refuse to continue a pregnancy?
Yes. The court held that no person can be compelled to continue a pregnancy under any circumstances, and the decision rests solely on whether the pregnant woman intends to give birth. (Para 2 )
7. Can a medical board's recommendation regarding 'iatrogenic foeticide' be implemented in a court-sanctioned pregnancy termination?
Yes. When a medical board suggests iatrogenic foeticide due to advanced gestational age, the hospital performing the termination is permitted to consider such suggestions in the interest of the procedure. (Para 2 )
Heard Sri.Sreelakshmi Sabu, the learned counsel for the petitioners, as well as Smt.Mintu Cherian, the learned Government Pleader.
2. The petitioners, stated to be husband and wife, have approached this Court, pointing out that the 1st petitioner is presently carrying an unwanted pregnancy of approximately 30 weeks, and she requires a medical termination of the afore pregnancy on account of “fetal abnormalities”. Pursuant to the order passed by this Court on 10.11.2026, a Medical Board was constituted. A report of the Medical Board is also handed over by the learned Government Pleader. The Medical Board, after thorough examination, has opined that the medical termination as sought for by the petitioners requires to be allowed and found as follows:
“1. As the pregnancy has advanced to 30 weeks gestational age, there is strong likelihood of the baby being born alive and requiring NICU care. “Iatrogenic foeticide” may be considered.
2. As MTP is proposed at 30+ weeks Gestational age, patient will need preterm induction of labour with need for multiple doses of medications and in the event of failed medical induction, she will need preterm LSCS with all its additional complications.
3. Suggest preconceptional genetic counselling.”
In the light of the afore, and also relying on the judgment of the Apex Court in S. v. Union of India [2026 KHC OnLine 7224], wherein it is held by the Apex Court that no one can compel a woman, in any circumstances, to continue a pregnancy, and what matters is whether the pregnant woman intends to give birth to the child or not, hence, I am of the opinion that the petitioners are entitled to succeed.
Therefore, this writ petition would stand allowed, directing a hospital of petitioners’ choice to provide the medical termination of pregnancy sought for by them, on the 1st petitioner furnishing an undertaking consenting to the procedure to be performed on her. The hospital would also be free to consider the suggestions of the Medical Board to perform “Iatrogenic foeticide”.
