The Bombay High Court has permitted a married woman to terminate her pregnancy beyond 26 weeks after a Medical Board reported that the fetus was suffering from serious congenital abnormalities, including a significant heart defect that would require extensive medical treatment after birth.
Background of the Case
The petition was filed by a woman who was 26 weeks and 11 days pregnant. During medical examinations, a Medical Board constituted at the District Hospital in Raigad-Alibag reviewed her condition and the fetus's health status. The Board included specialists from multiple fields, including gynecology, radiology, pediatrics, psychiatry, and anesthesiology.
The Board found indications of congenital heart disease and shortened long bones in the fetus. According to the radiologist's assessment, the findings were suggestive of Tetralogy of Fallot, a complex heart condition. The report further stated that the child would likely require tertiary cardiac care and multiple surgeries after birth.
After examining the Medical Board's report, the division bench noted that all members had unanimously recommended termination of the pregnancy.
“The report clearly indicates that the fetus has congenital heart disease which needs tertiary cardiac care for delivery and the newborn, even after birth, would require multiple cardiac surgeries for survival,” the court observed.
The bench also took note of the petitioner's wish to terminate the pregnancy and her submission that her family belonged to an economically weaker section and might not be able to bear the cost of prolonged treatment.
Finding the Medical Board's opinion clear and consistent, the High Court approved the termination of the pregnancy beyond 26 weeks and directed the doctors at the Civil Hospital, Raigad, where the petitioner was admitted, to carry out the procedure at the earliest.
The writ petition was accordingly allowed.
Case Details:
Case Title: XYZ v. State of Maharashtra
Case Number: Writ Petition No. 7618 of 2026
Judge: Justice Bharati Dangre and Justice Manjusha Deshpande
Decision Date: June 22, 2026
