Kerala High Court Greenlights Newborn's Surrender to CWC After Late-Term Pregnancy Ordeal
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The Kerala High Court has issued a landmark ruling, permitting a couple to legally surrender their newborn, diagnosed with a non-lethal condition, directly to the Child Welfare Committee (CWC) following birth. This unprecedented decision comes after a court-constituted Medical Board advised against terminating the over 33-week pregnancy, forcing the judiciary to chart a new course at the complex intersection of reproductive autonomy and child welfare in India. This ruling deftly navigates the nuanced landscape of India's Medical Termination of Pregnancy (Amendment) Act, 2021, which allows late-term abortions for severe fetal abnormalities but often requires judicial oversight for conditions deemed non-lethal, especially beyond standard gestational limit. The parents had initially sought termination due to the baby's skeletal dysplasia, a non-fatal genetic condition affecting bone and cartilage development, but the Medical Board counsel against it prompted the court to pivot towards post-birth solutions. By leveraging the Juvenile Justice (Care and Protection of Children) Act, 2015, the court has facilitated a formal, safe surrender, ensuring the infant's immediate care and future placement through adoption. This decision establishes a critical legal precedent, offering a structured pathway for parents facing similar harrowing choices and potentially mitigating instances of unsafe abandonment by providing a clear legal alternative. The Child Welfare Committee will now assume legal guardianship, overseeing the baby's care and initiating the adoption process after a mandatory two-month reconsideration period for the biological parents. This highlights the Indian judiciary's dynamic role in upholding the child's best interests while balancing evolving parental and reproductive rights.