Congenital malformations constitute alterations in the structure, physiological functioning or metabolism of cells, tissues and / or organs, causing morphological, biochemical or behavioral defects produced during pregnancy. Approximately 20% of pregnancies with malformed fetuses end in spontaneous abortion and the remaining 80% will be born dead or alive, resulting in 3% to 5% of newborns with congenital anomalies. This study discusses aspects related to anencephaly and other critical issues surrounding this context. It was concluded that the right to life is fundamental, constituting a prerequisite for the existence and exercise of all other rights. Even so, there still seems to be bias in the legislation that enables parents of babies with this malformation to have legal recourse to abortion.