Legal battle ensues as Texas woman fights for right to abort high-risk pregnancy
Pregnant Texan seeks legal protection to terminate high-risk pregnancy due to genetic condition, arguing for her right to safeguard her life
A pregnant woman in Texas is suing the state, claiming that her life is at risk if she carries her unborn baby to term due to a genetic condition. Kate Cox is asking the court to grant her the right to terminate the pregnancy, as the current abortion ban in Texas puts her husband and gynecologist at legal risk if she chooses to have an abortion in the state.
According to the New York Times, this lawsuit is believed to be one of the first of its kind in the country following the Supreme Court's overturning of Roe v. Wade last year.
The lawsuit states that "Ms. Cox is currently 20 weeks pregnant, and she has been to three different emergency rooms in the last month due to severe cramping and unidentifiable fluid leaks. Because Ms. Cox has had two prior cesarean surgeries (C-sections), continuing the pregnancy puts her at high risk for severe complications threatening her life and future fertility, including uterine rupture and hysterectomy."
The lawsuit alleges that Ms. Cox's baby has been diagnosed with trisomy 18 and is not expected to survive for more than a few days after birth. The lawsuit claims that Ms. Cox has been informed by her physicians that she will have to either wait for her baby to pass away inside her or carry the pregnancy to full term, after which she will have to undergo a third C-section and watch her baby suffer until death.
Trisomy 18, also known as Edwards syndrome, is a genetic condition that can lead to heart defects and abnormalities in other organs. In about half of cases, the fetus does not survive until birth. Most children born with trisomy 18 do not live longer than a few days, and over 90% do not live beyond the first year.
CNN
Explore the states where abortion is either banned, legal, or in a state of uncertainty.
In Texas, abortion is prohibited after around six weeks, with exceptions for cases where the life of the mother is at risk or to prevent significant and irreversible physical impairment of a major bodily function. However, the law's ambiguity leaves individuals like Cox, who is 20 weeks pregnant, uncertain about the legality of seeking an abortion after multiple emergency room visits for severe cramping.
Cox stated in a written release by the Center for Reproductive Rights that she does not want to prolong the pain and suffering of her pregnancy, nor does she want to subject her body to the risks of continuing it. She is seeking a temporary restraining order and permanent injunction from the judge to prevent the state from enforcing its abortion ban on her, her husband, and her doctor.
The lawsuit states that while Ms. Cox's life may not be in immediate danger, she is at high risk for numerous serious medical conditions that could affect her future fertility and could potentially become life-threatening without warning. Dr. Damla Karsan, Cox's OB-GYN, believes in good faith that Cox falls under the legal exception to the abortion ban. However, she is unable to perform the abortion without a court order due to the potential consequences of losing her medical license, facing life in prison, and substantial civil fines if her belief is not upheld by the courts.
The Texas Attorney Generals Office did not immediately respond to CNNs request for comment Tuesday.
