A woman in Texas who is pregnant and whose fetus has been diagnosed with a fatal condition has filed a lawsuit on Tuesday requesting permission to have an abortion. According to her lawyers, this is the first case of its kind in the United States since the legalization of abortion was overturned last year in the landmark case of Roe v. Wade.

Texas is one of 13 states that ban abortion at nearly all stages of pregnancy. Although Texas allows exceptions, doctors and women have argued in court this year that the state’s law is so restrictive and vaguely worded that physicians are fearful of providing abortions lest they face potential criminal charges.

According to a legal complaint filed in Austin, 31-year-old Kate Cox is currently 20 weeks pregnant and has been informed by medical professionals that her unborn baby is expected to either be stillborn or survive for a maximum of one week. The lawsuit states that doctors have expressed their inability to provide assistance due to Texas’ abortion restrictions.

The lawsuit states that Kate Cox requires an abortion immediately.

Representatives from the Texas attorney general’s office, who have supported the prohibition in legal proceedings, did not promptly reply to a request for a statement.

According to Molly Duane, who is representing Cox and is also a lawyer for the Center for Reproductive Rights, a hearing has not yet been arranged by the court. However, it is possible that one may take place later this week.

A legal case was initiated one week after the Texas Supreme Court debated the level of restriction imposed by the ban on pregnant women with complications. This particular case is one of the major ongoing disputes concerning abortion bans in the United States, although a decision from the entirely Republican court may not be made for several months.

Cox, who is a mother of two, has had cesarean deliveries in her previous pregnancies. In August, she discovered she was pregnant for the third time and was informed a few weeks later that her baby was at a significant risk for a condition called trisomy 18. The lawsuit states that this condition has a high probability of resulting in miscarriage or stillbirth and low chances of survival.

Cox was informed by doctors that if the baby’s heart were to cease beating, inducing labor could result in a uterine rupture due to her previous cesarean deliveries. Additionally, undergoing another cesarean at full term would put her ability to carry future children at risk.

Cox stated that the inevitable goodbye to her baby is not a question, but a matter of when. She is doing her best for both her baby and herself, but the actions of the state of Texas are causing them both to suffer.

During the month of July, a number of women from Texas shared heartfelt accounts of their experiences carrying pregnancies that were not viable, and the frustration of being denied the option of abortion by doctors despite their deteriorating health. Subsequently, a judge deemed the ban in Texas to be overly restrictive for women facing pregnancy complications, but this ruling was promptly suspended when the state challenged it.

Last week, Duane stated that Cox contacted them after stumbling upon news reports about the hearing at the state Supreme Court. The hearing took place on the day when Cox received the results of an amniocentesis, which confirmed previous tests regarding her pregnancy.

During an interview, Duane stated, “I wonder how many individuals are currently facing the same situation as Kate, but do not have the means to take legal action.” He believes this showcases the magnitude of the issue at hand.