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Delhi High Court Stays 27-Week Abortion Order, Directs Continued AIIMS Care

AIIMS experts found that terminating the pregnancy at 27 weeks would amount to foeticide, prompting the court to invoke parens patriae by requiring continued medical support until an October 15 hearing

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Overview

  • A division bench of Chief Justice D K Upadhyaya and Justice Anish Dayal stayed a single judge’s June 30 order permitting the minor rape survivor to terminate her 27-week pregnancy after AIIMS filed an appeal
  • The AIIMS medical board advised that an abortion now would pose foeticide risks and that delaying termination until around 34 weeks would better protect the girl’s future reproductive health
  • Following the expert testimony, the 16-year-old survivor and her mother agreed to carry the pregnancy under court supervision
  • The court ordered the minor to remain admitted at AIIMS with free medical treatment for her and the child for the next five years and asked the Delhi government to file an affidavit detailing educational and ancillary support
  • A follow-up hearing on the court’s welfare directives and potential adoption pathways is scheduled for October 15