What Happens When Fetal Abnormalities Are Diagnosed? The Complete Guide for Parents

May 20, 2026

Diagnosing a fetal abnormality during pregnancy is a critical, life-changing moment. It is the moment when parents face one of the most difficult decisions they will ever make: whether to continue the pregnancy or terminate it.

In this article we cover everything you need to know: what happens when an abnormality is found during testing, which defects justify pregnancy termination under the law, what the legal process entails, what rights parents have, what the doctor's obligations are, and what happens when the doctor explained things incorrectly.

The Difficult Moment - What Happens When an Abnormality Is Found?

Stage 1: The Initial Diagnosis

A typical scenario: you arrive for an ultrasound at weeks 20-22, excited to see your baby. The technician examines the scan, and suddenly goes quiet. She calls the doctor. The doctor enters, examines again, and says: "We're seeing something that doesn't look normal."

What happens next:

Initial explanation - The doctor explains what they see, notes the suspected abnormality, and refers for further tests.

Referral to a specialist - Level III ultrasound (specialist), fetal echocardiogram if a heart defect is suspected, or fetal brain MRI if a brain abnormality is suspected.

Genetic testing - Amniocentesis (if not already done), and sometimes fetal exome sequencing (advanced genetic testing).

This process can take several weeks before a complete picture emerges.

Stage 2: Confirming the Diagnosis and Assessing Severity

After additional tests, the specialist summarizes what the defect is, how severe it is, and what the prognosis is.

Examples of defect types and prognosis:

Minor defect - Cleft Lip: correctable by surgery, the child will live a normal life. Usually does not justify pregnancy termination (unless accompanied by other defects).
Moderate defect - Simple heart defect (small VSD): surgery in infancy, most children live normal lives. Does not necessarily justify termination.
Severe defect - Edwards Syndrome (Trisomy 18): most babies die within days to weeks, survivors suffer from severe disabilities. Justifies termination.
Catastrophic defect - Anencephaly (absent brain): the baby will die within hours to days after birth. Definitely justifies termination.
Spina Bifida (spinal cord cleft): the child will remain disabled and paralyzed in their legs, and sometimes in their sphincters, for life. Definitely justifies termination.

Stage 3: Medical Consultation - The Doctor's Duty

The doctor must clearly and comprehensively explain:

What the defect is - in plain, understandable language, not just medical terminology.
What the prognosis is - Will the child survive? What will their quality of life be? Will there be intellectual disability? What treatments will be needed?
What the options are - continuing the pregnancy (what happens after birth, what support is available) vs. terminating the pregnancy (what the process involves, what the risks are).
The parents' rights - the right to time to think, to a second opinion, to psychological support.

Important: the doctor should not make the decision for the parents. Their role is to provide information, not to dictate a decision.

Is Pregnancy Termination Possible? - Israeli Law

In Israel, pregnancy termination (abortion) is prohibited unless one of the following conditions is met:

The woman's age - under 18 or over 40.
Pregnancy resulting from rape, incest, or outside of marriage.
Danger to the woman's health or life - physical or mental.
A defect in the fetus - this is the relevant condition for abnormality diagnoses.

What constitutes a "fetal defect" justifying termination?

The law states: "There is a possibility that the child will be born with a serious physical or mental defect." There is no precise definition of "serious" - this is at the committee's discretion.

Examples of defects that are typically approved: Down Syndrome (Trisomy 21), Edwards Syndrome (Trisomy 18), Patau Syndrome (Trisomy 13), Anencephaly, severe Spina Bifida, severe heart defects, fatal genetic diseases (Tay-Sachs, SMA, etc.).

Examples of defects that are typically not approved: Cleft Lip (correctable), a missing finger, minor defects not affecting quality of life.

Time limit: there is none.

There is no legal time limit on pregnancy termination due to a fetal defect. Even at weeks 30, 35, or 38 - if a serious defect is found that was previously unknown - termination is possible (with committee approval). In practice, the further the pregnancy progresses the more difficult it is emotionally and medically, and most terminations occur before week 24.

The Pregnancy Termination Committee - The Legal Process

To terminate a pregnancy, approval from a "Pregnancy Termination Committee" is required. After week 24 of pregnancy, a decision by a "Supreme Pregnancy Termination Committee" is required.

Committee composition:

The committee consists of three members: a specialist in obstetrics and gynecology, one additional physician (any specialty), and a social worker. The committee convenes at every public hospital.

The process - step by step:

Step 1: Submitting a request - The woman (alone or with her partner) approaches the committee, fills out a request form, and attaches medical documentation (test results, ultrasound, amniocentesis).

Step 2: Invitation to a hearing - The committee sets a date, usually within a few days.

Step 3: The hearing - The woman (and her partner, if she wishes) appears before the committee. The committee asks questions, reviews the medical documentation, and sometimes consults additional experts.

Step 4: The decision - The committee decides: approval or rejection.

Step 5: Notification - The woman receives a response on the same day or within one to two days.

If approved: The woman can proceed with the termination within 7 days of approval.

How pregnancy termination is performed:

Up to week 12 - Vacuum Aspiration, a brief procedure, short hospitalization.
Weeks 13-24 - Abortion pills (Mifepristone + Misoprostol), one to two days' hospitalization.
After week 24 - Induced Labor, a process similar to regular childbirth, extremely difficult emotionally.

If the committee rejects the request:

Appeal - You can appeal to an appeals committee with additional arguments and medical opinion.
Approaching another committee - At a different hospital; different committees sometimes decide differently.
Travel abroad - In some countries termination is less restricted, but very expensive and emotionally taxing.

How long does the process take?

On average - from discovering the defect to the actual termination: approximately 2-3 weeks.

The Doctor's Duty When Abnormalities Are Diagnosed

What the doctor must do:

Explain clearly and comprehensively - what the defect is, the prognosis, the options, the process, and the rights - all in plain language.
Not dictate the decision - the doctor cannot say "you must terminate" or "you cannot terminate." The decision belongs to the parents.
Allow time to think - pressure for an immediate decision is not permitted (unless there is an urgent medical reason).
Refer to psychological support - this decision is traumatic, and the doctor must offer psychological counseling.
Allow a second opinion - the doctor must allow parents to consult another specialist.
Document everything - in the medical file: what was explained, what the parents asked, what the recommendation is.

What happens if the doctor fails to meet these duties?

If the doctor did not explain correctly, pressured the woman, withheld information, or failed to refer to the committee when required - this constitutes medical malpractice.

The Rights of Parents

Right to full information - You have the right to know what the defect is, what the prognosis is, what your options are, and what the risks are - in clear, understandable language.

Right to time - There is no obligation to decide immediately. You have the right to think, consult family, and seek spiritual guidance.

Right to a second opinion - You have every right to consult another specialist and get an additional opinion.

Right to psychological support - You have the right to meet with a psychologist or social worker and receive emotional support - free of charge in a public hospital.

Right to refuse termination - Even if the doctor recommends termination - you are not obligated. You may choose to continue the pregnancy and that is your full right.

Right to termination (if there is a serious defect) - If there is a serious defect, you have the right to terminate the pregnancy (with committee approval), and no one can force you to continue.

The Emotional Aspect - How to Cope?

A fetal abnormality diagnosis is a trauma. Parents experience shock, anger, guilt ("What did we do wrong?"), sadness, fear, and uncertainty.

There is no "right" decision - every decision is legitimate: to continue or to terminate the pregnancy. There is no "good" or "bad" - only what is right for you.

Seek support - don't go through this alone. Talk with your partner, family, a psychologist. Join support groups (online or in person).

Remember: it is not your fault - abnormalities happen; you did nothing wrong.

Give yourself time - whether after termination or after the birth of a child with a defect, grief and processing are part of the healing journey.

Cases of Medical Malpractice in This Context

Case 1: Doctor who minimized the severity of a defect

A heart defect was found in the fetus. The doctor said: "It's a minor defect, correctable, the child will be fine." The woman continued the pregnancy. A child was born with a severe, complex heart defect - requiring multiple surgeries, living with serious disability.

What should have happened: The doctor should have explained this was a serious defect requiring multiple surgeries and carrying a risk of permanent disability, and allowed the woman to decide with full information.

The outcome: The court ruled the doctor breached his duty. Compensation: millions of shekels. (It must be proven that the defect is severe enough that a committee would have approved termination.)

Case 2: Doctor who failed to refer to the committee

A serious defect was found. The woman asked to terminate the pregnancy. The doctor said: "That's not possible - the pregnancy is already at week 22, it's too late." The woman was forced to continue, and delivered a child who died within weeks.

What should have happened: There is no time limit on pregnancy termination due to a defect. The doctor was obligated to refer to the committee, which would have approved termination (serious defect), and the woman could have proceeded.

The outcome: Very significant compensation for depriving the woman of her right to terminate the pregnancy.

Tips for Parents Facing an Abnormality Diagnosis

Gather information - ask the doctor questions: what exactly is the defect? What is the prognosis? Is there a treatment? Didn't understand? Ask again.
Get additional opinions - don't rely on one doctor. Consult another specialist.
Ask for time - there is no need to decide immediately. Take a few days to process the information.
Talk to people who have been through it - support groups, forums, parental support organizations.
See a psychologist - this decision is hard. A psychologist can help process emotions and clarify thinking.
Document everything - keep test results and records of what the doctor said. This may be relevant if you wish to bring a claim.
Make your decision - this decision belongs to you alone, not to the doctor or to your family.

Summary - Key Points

An abnormality diagnosis is a critical moment that requires time to think and decide.
The doctor must explain clearly and comprehensively, and must not dictate the decision.
The decision is yours - you have the right to information, time, and additional opinions.
Pregnancy termination is legal in cases of serious fetal defects, with committee approval.
There is no legal time limit on pregnancy termination due to a defect.
If the doctor failed to explain correctly, applied pressure, or denied rights - this is medical malpractice.
Seek support - psychologist, support groups, family.
Document everything - in case of a future claim.
There is no "right" decision - there is only what is right for you.

Contact us with an attorney specializing in medical malpractice if you believe a doctor failed to explain your situation correctly or denied you your rights.

This article provides general information only and does not constitute medical, psychological, or legal advice.

What Happens When Fetal Abnormalities Are Diagnosed? The Complete Guide for Parents