Bombay High Court Rejects Mother's Petition To Abort Fetus With Heart Defect

Main Category: Abortion
Article Date: 07 Aug 2008 - 8:00 PDT

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The Bombay High Court in India on Monday rejected a woman's petition to abort her fetus that is at 25 weeks' gestation, which has a congenital heart problem, noting that Indian law does not allow an abortion after 20 weeks' gestation unless a pregnant woman's health is in jeopardy, the AP/Philadelphia Inquirer reports. Under India's Medical Termination of Pregnancy Act, abortions are legal up to 12 weeks' gestation. From 12 weeks' to 20 weeks' gestation, the procedure is only allowed if the pregnant woman or the fetus faces a health risk.

Niketa Mehta, her husband, Haresh, and her gynecologist, Nikhil Dattar, petitioned the court to allow her to have an abortion. Niketa Mehta's attorney Amit Karkhanis argued that the couple cannot afford to pay for the frequent change of pacemaker that the fetus' condition would require. Karkhanis also said the couple did not find out about the condition until the 24th week of pregnancy. Dattar said that he believed "the decision is best left to the parents who will take care of the child," adding that he and the couple "sought the opinion of many doctors and we were worried about the quality of life the child would have" (Talwar Badam, AP/Philadelphia Inquirer, 8/4).

Haresh Mehta said the couple is hoping their case draws more attention to the country's abortion laws. "According to medical experts, it is only after 20 weeks that a serious anomaly can be detected in the fetus through a sonography. Let people join in and take the fight forward" (Times of India, 8/5). Jaysesh Kamath, a member of the Indian Medical Association, lauded the court's ruling. "Children with pacemakers can lead full lives," Kamath said, adding, "If this case was accepted, then people could abort babies on any ground" (AP/Philadelphia Inquirer, 8/4).

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