Texas Man Seeks to Sue Out-of-State Doctors Over Abortion

(ConservativeInsider.org) – A Texas man filed legal action against a woman he was dating who traveled out of state to obtain an abortion, suggesting he will pursue wrongful death charges against her for “killing his unborn child.”

Brazos County resident Collin Davis filed legal paperwork in March after discovering that a woman he had been dating intended to travel out of state to terminate her pregnancy. He learned of her plans on February 20 and retained a high-profile anti-abortion attorney, Jonathan Mitchell, a day later, who immediately sent her a letter requesting that she save all of the records related to her attempt to terminate her pregnancy. The letter also indicated that Davis would be filing claims against anyone involved in the pregnancy termination as well.

According to court records, the woman began dating Davis in November 2023 and discovered that she was pregnant in January. The woman petitioned the court to keep the records sealed so her identity would not be revealed to the public.

Mitchell was one of the authors of the Texas Heartbeat Act, otherwise known as SB 8. The bill prohibits abortions if a fetal heartbeat is detected, which typically occurs around six weeks of gestation. Mitchell is also currently representing another man who has filed wrongful death suits against several of his ex-wife’s friends, claiming they aided her in obtaining abortion medications that she used to terminate her pregnancy. The case is ongoing and will be a legal test case following the reversal of the Roe v. Wade decision by the Supreme Court in 2022.

As Roe was only overturn two years ago, the legal territory that Davis’s petition is treading is unprecedented. It is unclear whether the courts will allow Davis’s petition to move forward into a full lawsuit. Legal scholars have admitted they have “no confidence” in knowing which way Texas courts will land on the issue.

Under the current law in Texas, women who have abortions cannot be charged with a crime, but anyone who performs or helps facilitate an abortion may face up to $100,000 in civil penalties or potentially life in prison.