HC to decide on fetal reduction at 25 weeks

MUMBAI: The Bombay high court has sought the opinion of a JJ Hospital medical board on whether fetal reduction of a 25-week pregnancy will have an effect on the life of the mother and on the surviving fetus, after a chromosomal test done diagnosed twin A with a genetic anomaly.

A vacation bench of Justices Madhav Jamdar and Santosh Chapalgaonkar on Wednesday passed the order on a petition by the woman (25). Her pregnancy was due to in vitro fertilisation she underwent in Mumbai in July. In August, she learnt about her twin pregnancy. Thereafter, she returned to the US where her husband works.

Her petition said that in November, a chromosomal microarray test done at Mayo Clinic Laboratories diagnosed twin A with a genetic chromosomal anomaly. A genetic counsellor informed her of the impact of the anomaly and findings, including "congenital heart disease, palatal abnormalities, characteristic facial features and learning difficulties". Also, low levels of calcium in the blood, renal abnormalities and hearing loss. The counsellor's report said autism is identified in approximately 25% of children and psychiatric illness is present in approximately 25% of adults with this condition.

Distressed with the findings, the woman and her husband immediately returned to India. On December 19, Jaslok Hospital suggested fetal reduction, a procedure where the healthy twin will not be impacted.

The woman sought HC's permission stating that the Medical Termination of Pregnancy (Amendment) Act 2021 allows termination up to 24 weeks. It carves out an exception in case of substantial fetal abnormalities.

Her advocate Aditi Saxena cited a 2020 Supreme Court order to include a fetal expert on the medical board in a similar case. The judges then directed JJ dean to constitute a medical board that will also include a competent fetal expert. The woman was directed to remain present before the board on December 29 (Thursday). The board will also submit an additional report on January 2 whether the procedure will have an effect on the mother's life and on the surviving second foetus.

"If the board is of the view that abortion (sic) of one foetus can be safely done without affecting either the life of the mother or the second surviving foetus, the board shall also give its opinion on the period within which abortion of one foetus would be medically safe for mother and surviving foetus," the judges said