A 31-year-old American woman whose life and fertility are threatened by her pregnancy, according to her doctors, launched legal action on Tuesday against the state of Texas, which prohibits all abortions, with rare exceptions, to demand the ability to have an abortion .
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According to the complaint, Kate Cox learned last week that her fetus has Down syndrome, meaning it is at risk of dying in utero. Even if the pregnancy goes to term, there is a high chance that the baby will be stillborn or die a few days later.
Ultrasound scans revealed that the fetus had abnormalities in its spine and abdomen, and that the development of its skull and heart was abnormal.
But because of the law in Texas, Ms. Cox cannot have an abortion, her doctors telling her that her “hands are tied” and that she must wait for the baby to die in her womb, according to the complaint filed on her behalf by the association specialized Center for Reproductive Rights.
Due to previous C-sections, inducing labor after the fetus has died carries a high risk of rupturing the uterus, which could kill her or prevent her from becoming pregnant in the future if a hysterectomy is necessary.
“I’m trying to choose the best option for my baby and myself, but the state of Texas is hurting us both,” Cox said. “I don’t want the pain and suffering that marked this pregnancy to continue.”
Obstetrician-gynecologist Damla Karsan is a co-plaintiff and says she is ready to terminate the pregnancy if justice allows it.
In the summer of 2022, the United States Supreme Court overturned its “Roe v. Wade,” which had guaranteed for half a century the federal right of American women to terminate their pregnancies.
Texas has banned all abortions, including in cases of incest or rape. The only exception: in the event of danger of death or risk of serious disability for the mother. But abortion rights advocates say the exceptions are too vague.
The Texas Supreme Court last week heard arguments in a case brought by two doctors and about 20 women who were denied abortions despite serious, sometimes life-threatening, complications.
