After four rounds of in vitro fertilization, Kristen Anaya and her husband were ecstatic to learn they were finally expecting a baby girl last April. The 42-year-old from the Dallas area described IVF as a "long and emotional journey." Despite the costs and challenges, Anaya believed the struggle was worth it to expand her family.
However, joy soon turned into a harrowing ordeal. At nearly 17 weeks pregnant, Anaya experienced severe cramping and her water broke. Rushed to the hospital, she continued to lose amniotic fluid and developed a high fever. Anaya entered the early stages of sepsis, a life-threatening condition, and nurses struggled to place an IV as she shook uncontrollably.
Her OB-GYN informed her that there was no hope of saving her daughter, whom Anaya had named Tylee. To stop the infection, Anaya needed an immediate abortion. But due to Texas's stringent abortion laws, the doctor had to wait until Anaya's life was unequivocally at risk before providing the necessary care.
"I went from absolute terror to sadness to confusion within minutes," Anaya said. "Learning that my child would not survive and then being told I had to risk my own life before getting help was unbearable."
Anaya later joined a lawsuit seeking clarification on when women in similar situations can receive life-saving abortions. However, last week, the Texas Supreme Court rejected the suit, stating that the law was clear as-is.
Anaya's story highlights the severe challenges faced by Texas patients with high-risk pregnancies under strict abortion bans. Without clear medical exemptions, doctors and hospitals are hesitant to act, fearing punitive consequences and jeopardizing patient care.
Over the last decade, Texas has led the nation in enacting restrictive abortion laws, including the most extreme ban well before Roe v. Wade was overturned. State leaders continue to push for harsher measures, including proposals that threaten doctors who violate the law with the death penalty and efforts to restrict out-of-state travel for abortion care.
"What happens with abortion policy in Texas doesn’t stay in Texas," writes Jessica Mason Pieklo of Rewire. "It informs abortion policy nationwide."
Nancy Northup, president of the Center for Reproductive Rights (CRR), called the Texas Supreme Court's ruling "deeply offensive" to the women they represent. During an emotional press call, plaintiffs expressed feeling "ignored" and "re-traumatized" by the ruling and voiced fears for women in Texas.
"We all deserve bodily autonomy," said Amanda Zurawski, the lead plaintiff, who nearly died from pregnancy complications. "Every day, people in Texas are being told they have no options."
Since Texas’s near-total abortion ban took effect in 2021, doctors have increasingly delayed or denied abortion care in high-risk situations. Reports have emerged of patients being pushed to the brink of death before receiving care. The law's exceptions for "risk of death or a substantial impairment of a major bodily function" are so ambiguous that physicians often refuse to act, fearing severe penalties.
Anaya's doctor had to "build a case" to prove her life was in danger before the hospital approved the abortion. Every three hours, Anaya underwent tests as her doctor presented her deteriorating condition to the hospital administration. After nearly 24 hours, Anaya's condition became critical enough for the procedure to be approved. She spent five more days in the hospital recovering from the sepsis.
During court proceedings, Texas attorneys argued that the burden of determining eligibility for an abortion lies with individual doctors, not the law itself. Anaya, however, sympathizes with the medical staff, recognizing that their hands are tied by the state's laws.
"The doctors and nurses looked so helpless and defeated," Anaya said. "They were trying their best and wanted to help, but couldn’t. I’m not angry at them – I’m angry at the laws created by the state."
Marc Hearron, an attorney with CRR, emphasized the importance of the Texas Medical Board providing clear guidance on the law's exceptions. However, the board's proposal has disappointed advocates, as it may create additional obstacles for patient care.
In the meantime, patients like Anaya continue to endure the traumatic consequences of Texas's abortion laws.
"We need clear exceptions to the law," said Anaya. "Doctors need to feel confident in treating patients like me before it's too late. Women are suffering and will keep suffering until there’s change."
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