The Court decided that since the foetus had already reached 34 weeks of gestation and was fully developed, a medical termination of the pregnancy was not an option.

A 12-year-old girl seeking a medical termination of her 34-week pregnancy due to an incestuous relationship with her younger brother was denied a request by the Kerala High Court recently.

Judge Devan Ramachandran ruled that since the fetus had already reached 34 weeks of gestation and was fully developed, a medical termination of the pregnancy was not an option.

The Court ordered the parents of the young girl to keep requesting delivery assistance from the Government Medical College in Manjeri.

The Court further stated that they can request an expert evaluation from the Superintendent after 36 weeks in order to determine the best delivery technique.

The Court placed restrictions on the brother's contact to the minor girl and stressed the need to protect the baby after delivery.

The Court further emphasized how crucial it was to keep the petitioners' identities secret at all times.

A petition to allow a medical termination of the pregnancy was being considered by the court.

The plea claimed that the young girl's physical and mental health would suffer catastrophically if the baby was delivered.

Initially, the Court ordered the formation of a Review Medical Board after evaluating the medical views from a Special Medical Board.

The girl's early age, psychological stress, and the risks of prematurity were the main reasons for the Medical Board's first decision to terminate the pregnancy.

After reviewing the situation, the Board recommended that the pregnancy be continued and that a cesarean section be performed instead of an abortion because of the lower psychological impact.

Following more exchanges and deliberations with the medical specialists, the Court denied the application for a pregnancy termination based on the 34-week gestation of the fetus.

The Court stressed that a complete review be carried out once the foetus is 36 weeks old in order to decide on the delivery mode and urged the petitioners to seek ongoing assistance from the Government Medical College at Manjeri.

In addition, orders were granted to guarantee the security and well-being of the parties concerned, limiting the brother's access and protecting the petitioners' privacy.