Texas Alliance for Life supports the bill. Executive Director Joe Pojman told the Senate committee that these lawsuits wrongly make doctors “accountable for disabilities they had no part in creating,” the report states.
Wrongful-birth suits allow parents of a child born with a genetic disability to sue their doctor if they say they weren’t properly warned about the potential for the disability or counseled on their options, including the parents’ choice to have an abortion based on the severity of the condition. Sen. Brandon Creighton, the author of the bill, said allowing the lawsuits could encourage doctors to seek out every possible disability and even promote abortions to avoid litigation. He also said he takes issue with the idea that there are “wrongful” births.
“We’re not recommending that the legislature pass any bill that would not withstand a federal court challenge,” Pojman said. “This is not a good time to challenge Roe v. Wade. The outcome is predictable.”