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How can one go ahead with abortion without husband's signature?
10-Dec-2023 (In Family Law)
my elder sister and his husband were living separately for 1 year due to some disputes after that we get agreed on some conditions than she lived there for less than two months and she got pregnant due to there unchanged behaviour towards her she did not see any future with them so she didn't want that child to take birth right she is 8 weeks pregnant and we talked to her in laws for abortion but they refused. and without them we tried at some hospitals but they are for the signature of the husband before any such preocedure without them we tried at some hospitals but they are for the signature of the husband before any such preocedure. so i want to ask that can we take legal permission from court so that the government hospital will take the case in their hands
You can approach high court under article 226 of the constitution if india for termination the pregnancy. Husband consent is immaterial for terminating pregnancy.Only woman has the right to give birth or terminate pregnancy, husband’s consent not needed: SC
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Adv. Hemant Taylor
Jaipur | 100+ Answers
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Yes you can proceed with legal opinion. there are some points explained and they will help you to understand the situation:
Pregnancies not exceeding 12 weeks may be terminated based on a single opinion formed in good faith. In case of pregnancies exceeding 12 weeks but less than 20 weeks, termination needs opinion of two doctors.[1] The Medical Termination of Pregnancy (MTP) Act of India clearly states the conditions under which a pregnancy can be ended or aborted, the persons who are qualified to conduct the abortion and the place of implementation.[6] Some of these qualifications are as follows:
Women whose physical and/or mental health were endangered by the pregnancy
Women facing the birth of a potentially handicapped or malformed child
Rape
Pregnancies in unmarried girls under the age of eighteen with the consent of a guardian
Pregnancies in "lunatics" with the consent of a guardian
Pregnancies that are a result of failure in sterilisation
Pregnancies not exceeding 12 weeks may be terminated based on a single opinion formed in good faith. In case of pregnancies exceeding 12 weeks but less than 20 weeks, termination needs opinion of two doctors.[1] The Medical Termination of Pregnancy (MTP) Act of India clearly states the conditions under which a pregnancy can be ended or aborted, the persons who are qualified to conduct the abortion and the place of implementation.[6] Some of these qualifications are as follows:
Women whose physical and/or mental health were endangered by the pregnancy
Women facing the birth of a potentially handicapped or malformed child
Rape
Pregnancies in unmarried girls under the age of eighteen with the consent of a guardian
Pregnancies in "lunatics" with the consent of a guardian
Pregnancies that are a result of failure in sterilisation
Helpful?
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Adv. Hemant Kumar Joshi
Udaipur | 100+ Answers
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