The self-managed abortion was in July 2022, and the couple's divorce was finalized last month.
The lawsuit is even more chilling than it initially sounds because of the legal arguments it makes. Yes, Texas has a total abortion ban, as well as an “aiding and abetting” law enforced by private lawsuits, but the man is suing under the state’s wrongful death statute. The lawsuit claims that assisting with a self-managed abortion qualifies as murder under state law, which allows the man to file a wrongful death claim.
Marcus Silva claims in the civil lawsuit that his then-wife learned she was pregnant with his child in July 2022 after the state’s total ban took effect and discussed with two friends how to get abortion pills. The friends discussed Aid Access, a site that ships medication abortion drugs from overseas, but they were able to get the pills in Houston where two of the women live.
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