Texas Woman Seeks Judicial Approval for Abortion Due to Fetal Fatal Diagnosis

In Texas, a pregnant woman facing a fatal fetal diagnosis has sought judicial intervention to permit an abortion, marking what her lawyers claim is the inaugural lawsuit of this nature in the United States since the reversal of Roe v. Wade last year.

The state of Texas, one of 13 in the U.S. that implements a near-total abortion ban, allows for certain exceptions. However, the ambiguity and rigidity of the law have led to legal challenges, with medical professionals expressing fear of potential criminal repercussions for performing abortions.

The plaintiff, 31-year-old Kate Cox, currently 20 weeks into her pregnancy, was informed by medical experts that the child she is carrying is expected to be either stillborn or survive only briefly post-birth. Her lawsuit, filed in Austin, highlights the constraints doctors face due to the stringent Texas abortion law, rendering them unable to assist her.

The legal filing emphasizes the urgent need for Cox to access abortion services.

As of now, there has been no response from the Texas attorney general’s office, which is defending the ban, to inquiries for comments.

Molly Duane, representing Cox and affiliated with the Center for Reproductive Rights, noted that a court hearing might be arranged soon, possibly within the week.

This lawsuit follows shortly after the Texas Supreme Court’s examination of the ban’s restrictiveness in cases of complicated pregnancies. This case stands as one of the most significant challenges to abortion restrictions in the country. However, a verdict from the predominantly Republican court may take several months.

Cox, already a mother to two children born via cesarean section, discovered her third pregnancy in August. Shortly after, she learned of the high risk for trisomy 18 in her fetus, a condition with a substantial chance of miscarriage or stillbirth and low survival rates. The lawsuit notes that the risk of uterine rupture due to labor induction post-heartbeat cessation, given her history of cesareans, poses a significant health risk to Cox. Additionally, a full-term cesarean could jeopardize her future fertility.

Cox, in her statement, expressed her distress and the inevitability of losing her baby, lamenting the additional suffering imposed by the state laws.

In July, emotional testimonies were shared by several Texas women who carried non-viable pregnancies, with doctors unable to perform abortions due to their worsening health conditions. Although a judge initially deemed the Texas ban excessively restrictive for women with pregnancy complications, the decision was temporarily suspended following the state’s appeal.

Duane revealed that Cox approached them after following news coverage of the recent state Supreme Court hearing, coinciding with Cox receiving confirmatory amniocentesis results. Duane highlighted the broader implications of Cox’s situation, emphasizing the potential number of women facing similar challenges without the means to initiate legal action.

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More about Texas Abortion Lawsuit

• Texas Woman Seeks Abortion Due to Fatal Fetal Diagnosis in Landmark Lawsuit
• Challenges to Texas Abortion Ban Continue in the Courts
• Roe v. Wade and Its Impact on State Abortion Laws
• Legal Complexities Surrounding Abortion Exceptions in Texas