Nancy Davis of Baton Rouge, La., and her boyfriend were happy to find out she was pregnant with her second child. However, during her first ultrasound appointment at Women’s Hospital, doctors spotted an abnormality.
Davis’ fetus was missing the top of its skull, a condition called acrania. If she delivers, the baby is expected to only live for minutes to hours after birth. The Louisiana Department of Health does not list acrania as a qualifying condition for an abortion, meaning Davis would have to travel out-of-state to get an abortion, WAFB reported Monday.
“It’s hard knowing that ... you know I’m carrying it to bury it...you know what I’m saying,” said Davis, now 13 weeks pregnant, according to the outlet.
Though she did not take a position on abortion, Davis told WAFB that she believes Louisiana should consider broadening the list of eligible conditions for abortion.
Florida is the closest state that may offer an abortion, said Davis. Eligibility there is cut off at 15 weeks, but prosecutor Andrew Warren sued Gov. Ron DeSantis in federal court Wednesday after the former was suspended for refusing to bring criminal charges for violations of the 15-week ban.
Since the U.S. Supreme Court delivered an opinion in the Dobbs v. Jackson Women’s Health case last month overturning nationwide abortion protections, states have the authority to make abortion regulations.
According to the American Civil Liberties Union, a state court Monday dismissed a request to block Georgia’s 6-week abortion ban. In Ohio, a 10-year-old rape victim was denied an abortion following the Dobbs ruling. She traveled to Indiana for the procedure, said The Columbus Dispatch.
Other abortion policies and regulations in the U.S. are tracked by the Gutttmacher Institute.
The state of abortions in Florida
Although Florida may be Davis’ best option, its 15-week cut off (without exceptions for rape or incest) is not the only barrier to abortion in that state. A Florida court this week upheld a decision preventing a 16-year-old with no parents from getting an abortion “because she lacked the maturity to make such a decision,” according to POLITICO.
News of the decision was met with criticism on social media from people who pointed out that someone who is not mature enough to have an abortion is likely not mature enough to have a baby.
In the teen’s hand-written petition, she stated that she is mature enough to make the decision along with potential reasons for a waiver under the statute, per court documents. She said that she is “is not ready to have a baby,” that she doesn’t have a job, she is “still in school,” and the father is unable to assist her.
According to POLITICO, the teen is around 10 weeks pregnant and lives with a guardian who supports her decision.
Yet, Florida abortion law requires either parental consent for minors to have abortions or for teens seeking abortions to obtain a waiver from a state judge. When the teen initially requested an abortion, Escambia County Circuit Judge Jessica Frydrychowicz denied it.
Then the decision was upheld by a three-judge appellate panel, though appeals court judge Scott Makar offered partial dissent and recommended the case be sent back to the lower court. Makar said that the girl at one point expressed interest in having a child and is dealing with the recent death of a friend.
“The Escambia County Judicial Circuit, where the teen sought permission for an abortion, sees an average of one to two petitions a year and that circuit has not dismissed a petition in at least five years, the reports show,” said POLITICO.
Going forward
In the Florida 16-year-old’s case, the court agreed to reevaluate the case within the next few days in light of the teen’s stressful circumstances. If Davis can’t make it to Florida within the next two weeks, she said the next closest state where she could get an abortion would be North Carolina.
According to the Guttmacher Institute, North Carolina allows abortion up to fetal viability (around 24 to 26 weeks into pregnancies). Like Florida, it requires parental consent for minors to have abortions, though there are waiver forms on the North Carolina Judicial Branch website.
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