Wish my baby dies after birth': Woman denied abortion by SC

Mumbai: After the Supreme Court rejected an abortion request of a couple whose foetus had an abnormality, the parents are now forced to wish that their baby does not survive as they fear the difficulties the child will face.

The 27-week-old foetus was diagnosed with a birth anomaly named Arnold Chiari Type II syndrome, which results the baby to have an underdeveloped brain and a distorted spine. 

By rule of law, a medical termination of the foetus needs Supreme Court’s approval after 20 weeks of pregnancy. However, doctors have long argued for an extension of the same to 24 weeks, reasoning that most birth defects are diagnosed later.

The same has been proposed too, in the amended Medical Termination of Pregnancy Act, 2014, which is on the tables of the cabinet awaiting approval after years of legislative logjam.

Even if the amendment had been approved, it would not have helped the unfortunate parents who are facing the brunt of an ethical dilemma.

According to a report in The Indian Express, the birth anomaly was detected only in the mother-to-be’s third sonography that was taken at the end of five months. While the doctor at the Brihanmumbai Municipal Corporation (BMC) maternity home in Borivali just asked them to do another sonography and return after a month, the parents chose to get a second opinion from a private doctor.

Within a week, the Arnold Chiari anomaly was confirmed by the private doctor. But the 20-week deadline had gone by; she was 24 weeks pregnant, forcing the couple to knock on the Supreme Court’s doors. “Chances of survival are rare. The baby’s brain is not developed,” the private doctor was quoted as saying.

Unfortunately, the odds were against the parents as the hospital could only submit its report after the Holi break and the doctors’ strike.

The apex court denied the abortion request on Monday, after observing that there are chances for the baby to be delivered alive.

Doctors said that the chance of the baby’s survival is near zero in the 21st week of pregnancy. However, it rises to 60 percent beyond 24 weeks and up to 80 percent after 26 weeks leading to the moral dilemma.

On the other hand, the mother’s fear is not unwarranted. Her 27-year-old brother, who also suffers from the same abnormality, has not been able to leave home since birth. He is paralysed below the waist and has to be rolled over every two hours to prevent bed sores.

“I can’t see my child bear this pain. I am not sure if I ever want a second pregnancy now,” the mother was quoted as saying.

“My wife could not detect the defect in her pregnancy. But now we have the opportunity to know the defect before birth. Why are we forced to bring such a child into this world?” the woman's father questioned.

Doctors predict the chance of survival of the foetus in this case to be negligible. But the duration of the baby’s survival after delivery, due in June, is hard to guess. 

The mother-to-be is planning to write to the Chief Justice of India. “Who wants to kill their own child? It is the hardest decision I had to take. But what option do I have?” she rued.