Bombay HC Criticizes Parents for Seeking Abortion of Their “Mentally Unstable” Adopted Daughter
The Bombay High Court recently addressed a case where an elderly couple sought permission to abort their 20-week pregnant adopted daughter, claiming she was “mentally unstable.” The Court, led by Justices Ravindra Ghuge and Rajesh Patil, expressed frustration with the parents’ actions.

They pointed out that the couple had allowed the daughter to be out of the house for long hours since she was 13, raising doubts about their claim of her mental instability. The judges questioned the couple’s responsibility as parents, asking why they adopted a child if they were now unwilling to care for her due to her mental health.

They criticized the parents for not providing the love and attention the girl needed, which might have contributed to her current condition. Additional Government Pleader, representing the State informed the bench that the girl was not mentally retarded as alleged by her parents. She pointed out from the Clinical Psychologist’s report, that the girl was a case of a ‘Borderline Personality Disorder’ which is an effect of depression.

She opposed the plea citing the ‘no consent’ given by the pregnant woman, to the abortion. The court was also concerned that the couple had not filed an FIR about their daughter’s unwanted pregnancy, even though they claimed she was mentally unstable. The judges instructed the Mulund Police to investigate the case when the parents approached them.

The Court rejected the couple’s argument that their old age was a valid reason for not caring for their daughter, emphasizing that unemployment is not a reason for abortion. They ordered a medical examination of the daughter and her pregnancy, as well as an evaluation of her mental health. The matter will be heard on January 8.

Source: – Live Law
By: – Rajat Ranjan
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