Daijiworld Media Network

Mumbai, May28: In a special case, the Bombay High Court on Monday said the state government is responsible to take care of an infant in case the parents show unwillingness to care the child.

A vacation bench of Justice Bharati Dangre and Justice N J Jamadar made the decision following a petition filed by a 29-year-old woman and her live-in partner seeking permission to abort her 28-week pregnancy after they learnt that the foetus had developed brain abnormalities.

Though the court had requested the J J Hospital Medical Board to submit a report about the mother’s health on whether the medical termination of pregnancy should be done immediately or should she wait until the delivery, the woman was admitted to Sion Hospital and delivered a baby boy on Sunday. The couple’s lawyer Prosper D’Souza informed the court that the child’s health is critical and he is in neo-natal intensive care unit.

Earlier a division bench had held that if the court allows a pregnant woman to terminate a pregnancy beyond the 20th week, but in the event that the foetus is developed and the woman gives birth, the state government will have to take full responsibility for the child as the parents wanted to terminate the pregnancy.

D’Souza also requested to include Sion Hospital as a respondent so that a direction can be issued to them to take care of the child and take further action as per procedure. Further hearing will be filed on the matter on June 6.