Kerala High Court Allows Newborn’s Surrender to CWC
Justice Harisankar V. Menon permits the couple to hand over the child to welfare authorities after birth, ruling that legal grounds for late-term pregnancy termination were not met.
- Kerala High Court permits surrender of the newborn after delivery.
- The couple had sought termination of a pregnancy exceeding 33 weeks.
- Medical board advises against termination, citing a non-lethal condition.
- Court directs a safe handover to the Child Welfare Committee after birth.
GG News Bureau
Kochi, 28th Oct: The Kerala High Court has permitted an expectant couple to surrender their newborn to the Child Welfare Committee (CWC) after delivery, following a legal battle over a pregnancy exceeding 33 weeks in which the foetus was diagnosed with skeletal dysplasia.
The couple had approached the court seeking permission for medical termination of the pregnancy after medical examinations identified the condition. However, a medical board appointed by the court advised against termination, stating that the foetus had a non-lethal form of skelKerala High Court Allows Newborn’s Surrender to CWC
Subtitle: Justice Harisankar V. Menon permits the couple to hand over the child to welfare authorities after birth, ruling that legal grounds for late-term pregnancy termination were not met.etal dysplasia, such as achondroplasia or hypochondroplasia.
Medical Board Advises Against Termination
The medical board informed the court that, without specialised genetic testing, the possibility of developmental delays could not be confirmed at that stage. It also concluded that termination was not medically recommended because the condition was considered non-lethal.
The board suggested that if the parents felt unable or unwilling to raise a child with complex anatomical differences, surrendering the newborn to state welfare authorities could provide a legally recognised alternative.
Following the board’s findings, the couple amended their plea and sought permission to relinquish parental care after delivery instead of terminating the pregnancy.
Court Orders Safe Handover to Welfare Authorities
Justice Harisankar V. Menon observed that the statutory grounds required for termination at such a late stage of pregnancy were not met under the Medical Termination of Pregnancy (MTP) Act.
The High Court directed hospital authorities and local government agencies to coordinate the safe handover of the newborn to the Child Welfare Committee immediately after birth.
The order aims to ensure that the child receives appropriate care, protection and rehabilitation through the state’s welfare system.
