Anti abortion activists in the Texas Legislature are trying another avenue to restrict the number of abortions in the state, News Radio 1200 WOAI reports.
A State Senate committee has approved and sent to the full Senate a bill that would overturn a 1975 Texas Supreme Court ruling that said doctors have a legal requirement to inform a mother that her child suffers from a major defect, and that information has to be provided early enough in the pregnancy that the woman can have an abortion.
It's called the 'Wrongful Birth' Statute.
But State Sen. Brandon Creighton (R-Conroe) says it is 'unacceptable that doctors can be penalized for embracing the sanctity of life.
'"The presence of a disability in a child should not be grounds for a lawsuit," Creighton said. "I feel this in line with the values of a large number of Texans."
Creighton said the currently law simply assumes that babies with disabilities are 'flawed' and they should be killed.
He says his proposal to end the Wrongful Birth Statute would not strip patients of thier ability to bring malpractice lawsuits against physicians who make mistakes.
"Senate bill 25 is certain about holding doctors responsible for their actions," he said. "But it certainly does not hold doctors liabile for a disabilty they played no part in causing."
Pro choice groups said the law allows a doctor to 'lie' to a patent about the status of her fetus. They fear that the law will give doctors an opportunity to withhold critical information and to argue against abortion.
The measure is expected to pass the full Senate, but it's fate is uncertain in the House.
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