Defining the Best Interest of a Child: Who Comes First – The Child or the Fetus?

ABSTRACT

In 2017, a 10-year-old girl, who was allegedly raped and impregnated, was denied an abortion on the basis of the Medical Termination ofPregnancy Act 1971. This perspective re-examines this issue while prioritizing the best interest of the child. We recommend that boardsshould be constituted at district-level hospitals, headed by senior pediatricians, and supported by obstetricians, psychologists,neonatologists, medical social workers, and others to decide the course of action – in particular, the outcome, irrespective of the weeksof pregnancy. If not compatible with the child’s life, earlier termination of pregnancy should be considered ensuring the availability ofstate-of-the-art care to the newborn and the young mother