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‘Grave complications’: AIIMS cites condition of child born under similar circumstances

The baby weighed “755 grams” which is “critically low, reflecting the consequences of extreme prematurity”, the plea pointed out.

termination of advanced pregnancies,Medical Termination of Pregnancy, pregnancy, terminate pregnancy, Supreme Court AIIMS abortion case, SC minor pregnancy termination, AIIMS curative petition abortion, 30-week pregnancy SC ruling, MTP Act minor rape case, Supreme Court abortion India, reproductive autonomy SC, AIIMS vs parents decision abortion, late-term abortion India law, minor rape survivor abortion SC, curative petition Supreme Court AIIMSIt said, “finally, the child underwent tracheostomy on 24.12.2025 (a hole is created in the windpipe of the child and tube is inserted to facilitate breathing) and remains tracheostomised on room air”.

Seeking recall of the Supreme Court’s April 24, 2026, order directing it to carry out medical termination of a 7-month pregnancy, the All India Institute of Medical Sciences (AIIMS) highlighted before the top court the the risks associated with Medical Termination of Pregnancy (MTP), citing the condition of a child born after the procedure was done on a minor rape survivor following a Delhi High Court order last year.

AIIMS said the pregnancy in that case was little over 23 weeks and the child was born alive on April 20, 2025. The child which celebrated its first birthday recently “has remained admitted at AIIMS and has suffered, and continues to suffer, severe, life-altering and permanent complications,” the Institute said.

The AIIMS submitted that “In addition to…grave medical complications…the child born alive has, as of date not been accepted by any Non-Governmental Organisation (NGO) for care, and the prospects of the child being adopted in future are severely diminished — if not negligible — given the severity and permanence of the child’s conditions.”

The baby weighed “755 grams” which is “critically low, reflecting the consequences of extreme prematurity”, the plea pointed out.

It added, “The child required mechanical ventilation for approximately six to seven months following birth, indicative of critical and sustained respiratory failure from the very onset of extra-uterine life.”

AIIMS said its “team tried to wean the child from ventilator on many occasions and failed due to Tracheobronchomalacia and Bronchopulmonary Dysplasia (BPD) — a severe chronic lung disease directly caused by extreme prematurity — resulting in prolonged inability to sustain independent respiration”.

The institute said “the child suffered multiple episodes of sepsis during NICU admission, each constituting a life-threatening systemic infection requiring aggressive medical intervention” and “was diagnosed with Patent Ductus Arteriosus (PDA) and underwent surgical PDA ligation — a significant cardiac surgical procedure”.

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It said, “finally, the child underwent tracheostomy on 24.12.2025 (a hole is created in the windpipe of the child and tube is inserted to facilitate breathing) and remains tracheostomised on room air”.

The review plea said “the child is now approximately one year of age and is entirely dependent on tracheostomy care for survival. Care of tracheostomy requires constant medical supervision. The child is at risk of life threatening complications if the tube gets accidently blocked or it comes out. Moreover, the child cannot speak.” It “has been diagnosed with Optic Disc Pallor, indicating significant and likely permanent vision impairment.”

AIIMS said “the child has been assessed to have Global Developmental Delay with a current developmental age of only 4 to 5 months — despite being chronologically approximately one year old — indicating severe neurodevelopmental compromise”.

The plea pointed out that “the treating medical team at AIIMS has documented” many “anticipated long-term complications and comorbidities for this child, each expected to persist for the child’s lifetime”.

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AIIMS cited this as “real-world, empirical and documented proof” of the risks associated with abortion after the gestational 24-week period, but the SC went on to dismiss the review petition on April 29 and the curative petition on Thursday.

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

 

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