A Texas judge has granted an emergency order allowing a pregnant woman, Kate Cox, to get an abortion in the state after the devastating news that her developing fetus has trisomy 18, a rare chromosomal disorder likely to cause stillbirth or infant death. Late last month, Cox, a 31-year-old mother of two, was diagnosed with the condition when she was about 20 weeks pregnant.
Under Texas law, almost all abortions are prohibited with very limited exceptions. In response, lawyers with the Center for Reproductive Rights filed a request for a temporary restraining order to block the state’s abortion bans in Cox’s case and enable her to terminate her pregnancy. The Travis County 459th District Court in Austin, Texas, granted the requested order on Dec. 7.
“Kate Cox’s life and future fertility are at great risk, and according to her doctor, the medical care that she needs is an abortion,” said Molly Duane, a senior staff attorney at the Center for Reproductive Rights, during the hearing.
Cox’s two children were delivered by Cesarean section, and carrying this pregnancy to term and getting a third C-section could put her at risk for multiple serious medical conditions such as uterine rupture and hysterectomy, the center said.
Duane stressed during the hearing that Cox was “at high risk for multiple pregnancy complications including hypertension, gestational diabetes, and infection.” She also expressed that Cox had to visit an emergency room for a fourth time within the last two days for pregnancy symptoms including severe cramps, leaking fluid, and elevated vital signs.
Judge Maya Guerra Gamble quickly granted the requested order, expressing concern that the law might cause Cox to lose the ability to be a parent.
Representing the state, attorney Johnathan Stone argued that Cox and her husband had not sufficiently demonstrated that they would suffer “immediate and irreparable injury” without an abortion. Stone pushed for an evidentiary hearing, saying an emergency court order would enable the couple to get an abortion that “can’t be undone” before the court could fully consider the evidence.
The Texas attorney general’s office and the state’s medical board have not responded to requests for comment about the judge’s decision.
Daniella Silva, a reporter for NBC News, contributed to this article. Maria Piñero and Natalie Obregon also contributed.