A clinic offered to tell the baby’s sex

What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).

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Your situation

What is the problem? Someone offered or did a sex-determination test

Where you stand

In your favour Your identity must be kept confidential by the doctor and hospital.
In your favour Unmarried women have the same rights under the MTP Act as married women.

Do these now

List of government hospitals near you that provide MTP services
Government hospitals provide abortion care free or at low cost. Where: District hospital; 104 or your state health helpline.

Papers to gather

Ultrasound report showing the weeks of pregnancy
The time limits depend on it. Where: Your doctor or a government hospital.
Your ID with date of birth
An adult needs no one else’s consent. Where: Your documents.
Clinic name, address, person who offered the test, date, and any message or payment proof
For a complaint to the district Appropriate Authority under the PCPNDT Act. Where: Your phone; receipts.

What the law says

Under the Medical Termination of Pregnancy Act, 1971 (as amended in 2021), a pregnancy can be ended by a registered medical practitioner up to 20 weeks on one doctor’s opinion, and from 20 to 24 weeks on two doctors’ opinion for categories listed in the rules — including survivors of rape or incest, minors, a change in marital status, women with disabilities, and foetal malformation. Beyond 24 weeks it is allowed for substantial foetal abnormalities diagnosed by a Medical Board, and women can approach the High Court in other cases. The Supreme Court held in 2022 that unmarried women have the same rights as married women under the Act. Only the woman’s consent is required; a guardian’s consent is needed only if she is under 18 or mentally ill. Her identity must be kept confidential (s.5A). For a minor, doctors must report under POCSO, but the Supreme Court has said the girl’s name need not be disclosed in that report. Sex determination and sex selection are crimes under the PCPNDT Act, 1994.

General information, not legal advice.

Saboot will also ask

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Similar situations

Sources

Medical Termination of Pregnancy Act, 1971 (as amended in 2021) — sections 3 and 5A
Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994

The full guide: Abortion refused or delayed, consent demanded from husband or family, or illegal sex determination · All situations