An Indian court on Monday refused a mother's plea to abort a 26-week fetus with a serious heart defect, saying the law does not permit such late-term abortions.
The 31-year-old mother, Niketa Mehta, and her husband Haresh found out after 24 weeks that the fetus had a complete congenital heart blockage and malpositioned arteries that could, doctors told them, require a pacemaker implantation soon after birth.
Abortions are legal in India until the 12th week of pregnancy. Between 12 and 20 weeks abortions are allowed if either the mother or the fetus faces a health risk. The case challenged the country's 37-year-old Medical Termination of Pregnancy Act (MTP) that permits abortions after 20 weeks only if there is a risk to the mother.
The Mehtas argued that they believe they won't be able to afford to care for the baby or endure the trauma, and, therefore, they should be allowed to terminate the life of their unborn baby. A pacemaker operation costs nearly $2,500.
However, the Bombay High Court on Monday ruled that a predicted disability is no ground for abortion. The court, which consulted medical experts, said doctors had found little evidence the child would suffer serious problems.
A committee of doctors appointed last week by the court to assess the risks if the baby was allowed to be born told the court on Monday that there were "least chances" of the baby being born with a handicap. The committee also added that it could be risky for the mother if she had an abortion at such an advanced stage of pregnancy.
Congenital heart defects are the most common birth defects with one in every 125 babies affected by the same. Of approximately 40,000 babies born with it, 4000 die in the first year. Nearly 82 percent of babies diagnosed with congenital heart disease survive the first year of life while 78 percent of babies diagnosed with congenital heart disease survive to adulthood.
It was not clear whether the Mehtas would file an appeal in the Supreme Court.
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