Legal Claim

As per Medical Termination of Pregnancy Act, 1971, once the woman misses the menstrual cycle, it is expected of the couple to visit the doctor and seek medical advice. Section 3 of the Act permits termination of pregnancy by a registered medical practitioner, notwithstanding anything contained in

If a woman who has undergone sterilization operation becomes pregnant due to ‘natural causes’, there cannot be any ground for claim. It is for the woman who has conceived the child to go or not to go for medical termination of pregnancy. Having gathered the knowledge of conception in spite of having undergone sterilization operation, if the couple opts for bearing the child, it ceases to be an unwanted child. Compensation for maintenance and upbringing of such a child cannot be claimed. The cause of action for claiming compensation in cases of failed sterilization operation arises on account of negligence of the surgeon and not on account of childbirth.

The Case