Adoption process starts after minor rape survivor gives up parental rights

The newborn was delivered at 29 weeks and weighed 1.38 kilos at birth; it has been under observation in the neonatal intensive care unit at AIIMS

A 15-year-old rape survivor who delivered a baby boy at AIIMS New Delhi, on Saturday has, along with her parents, relinquished her rights to the child, hospital officials said on Tuesday.

The family has expressed its wish to relinquish rights to the newborn, and this has been given in writing. (HT Archive)

The girl, who was recently granted permission by the Supreme Court to terminate her seven-month pregnancy — with the court holding that she cannot be forced to carry it to term — has been discharged after delivery, hospital officials said, adding that the central adoption agency has initiated procedures to have the baby adopted.

The central adoption agency has initiated procedures to have the baby adopted, said officials.

“Currently, the newborn is under observation in the neonatal intensive care unit (NICU) at AIIMS. Meanwhile, the 15-year-old has been discharged from the hospital at her request and that of her parents,” said a hospital official aware of the matter, requesting anonymity.

“The newborn was delivered at 29 weeks and weighed 1.38 kilos at birth. The condition of the newborn is stable. As it was a pre-term delivery and the baby needs intensive care, it will be kept in the NICU for at least the next couple of weeks. As of now, we have not noticed any developmental delay in the baby. For that, there needs to be a long-term evaluation, which will be done. For now, the baby is under round-the-clock monitoring,” said the official.

On April 24, the Supreme Court allowed the medical termination of pregnancy (MTP), underscoring the reproductive autonomy of a woman/girl. The court permitted termination despite the pregnancy having crossed the statutory limit of 24 weeks, as stipulated by the Medical Termination of Pregnancy Act, 1971, and held that forcing a minor to continue an unwanted pregnancy would violate her right to dignity, autonomy and personal liberty under Article 21 of the Constitution.

The pregnancy, as recorded in earlier proceedings, arose out of a relationship between the minor girl and another minor, though the law treated it as a case of rape given her age.

On April 29, the court also dismissed a curative petition filed by AIIMS, which argued that the young mother could face lifelong physical and psychological complications if the pregnancy is ended at such an advanced stage.

A bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi stated that priority must be given to the choice of the girl and her family. They advised AIIMS to explain the procedure’s consequences to the girl’s parents so they could make an informed decision.

“No, we will not allow the institution to choose for the parents. The parents will choose; the institution will enable the choice,” Justice Bagchi said.

The minor girl’s mother approached the court seeking permission for MTP as the pregnancy had crossed the statutory limit of 24 weeks, but the Delhi High Court rejected her request on April 21.

The apex court’s ruling articulated reproductive choice as a core constitutional guarantee. The bench held that the right to make decisions concerning one’s body, particularly in matters of reproduction, is an intrinsic facet of personal liberty and privacy under Article 21.