According to the most recent state data, at least 100 children in Texas who were 17 years old or younger received abortions in other states during the first year after Texas implemented the ban. Shockingly, among these children, there were even six who were as young as 11 years old or younger.
The number of children receiving out-of-state abortions has increased nearly ninefold compared to five years ago. This surge in numbers coincides with the near-total halt in abortion procedures in Texas. The ban in Texas does not provide exceptions for cases involving fetal abnormality, rape, or incest. It is important to note that the age of consent in Texas is 17, which determines when an individual can legally give consent to engage in sexual activity.
The numbers highlight the impact of prohibiting the procedure on one of the state’s most vulnerable groups. According to doctors, children usually experience more complications during pregnancy compared to adult women. These complications include a higher likelihood of premature delivery or preeclampsia, a serious condition characterized by high blood pressure.
“These are not just statistics,” said state Rep. Mihaela Plesa, a North Texas Democrat, in an interview Wednesday, the 50th anniversary of the now-overturned Roe v. Wade case that had previously established a federal constitutional right to abortion.
“These are real stories about people who are having these traumatic experiences. It’s happened right here in my district in Plano. This isn’t happening just in low socioeconomic areas or certain districts. This is happening all over our state.”
The number of out-of-state abortions is increasing, while there has been a significant decline in the overall number of Texas minors seeking the procedure.
According to data from Texas’ Health and Human Services department, prior to the implementation of the abortion ban in August 2022, an estimated 1,000 to 1,400 abortions were performed on minors in the state each year. However, in 2023, there were no recorded abortions for minors within Texas. Instead, at least 105 Texas children between the ages of 16 and 17 sought abortions out of state.
The annual data, which was released this fall, is probably an undercount. Texas obtains information about abortions performed outside the state from a national data exchange known as the State and Territorial Exchange of Vital Events, or STEVE. However, not every state provides data on abortions, according to an HHS spokesperson.
The data from out-of-state abortions provided by HHS only includes information from the first half of 2023. Hearst Newspapers reached out to HHS officials for clarification on why the remaining data is absent and when it will be made available, but did not receive a response. As of now, there is no data available for out-of-state abortions in 2024.
Lt. Gov. Dan Patrick recently expressed his desire for lawmakers to provide clarity on the circumstances under which doctors can perform emergency abortions. This call for clarity comes in response to the prevailing confusion surrounding the interpretation of the ban’s sole exception. Investigative reporting conducted by ProPublica, a national nonprofit, has shed light on the tragic instances where three women lost their lives due to doctors delaying treatment for miscarriages.
Patrick and other state Republican leaders have not addressed the possibility of expanding exceptions to include minors, victims of rape and incest, or other vulnerable groups. In response to inquiries about the absence of a rape exception in Texas’ six-week ban in 2021, Governor Greg Abbott stated that the primary objective in the state is to eradicate rape.
Representative Plesa introduced a bill in the previous session that aimed to broaden the existing exceptions for unemancipated minors seeking an abortion without parental consent or judicial approval. Unfortunately, the bill did not receive a committee hearing in the Republican-led House. However, Plesa has expressed her intention to reintroduce a similar bill in the current session.
According to her, in numerous instances, these individuals are minors who have suffered abuse and are now experiencing further trauma in order to access the necessary healthcare they require.
Rising demand, and costs
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In Texas, the age of consent is 17, but there are exceptions for consensual sexual activity. The state has a law known as the “Romeo and Juliet law,” which offers legal protection for minors who are at least 14 years old and have a close age gap.
According to child welfare advocates, it is highly likely that many of the pregnancies among minors, especially those in the youngest age groups, were a result of sexual assault.
John Seago, the president of Texas Right to Life, acknowledged the data and expressed concern over the alarming situation of young pregnancies. He emphasized that when a minor becomes pregnant, it signifies a failure in safeguarding their well-being. Despite the complex circumstances, Seago stressed that the ideal outcome should always be the birth of the child, regardless of the age or situation.
“That doesn’t mean this individual needs to be a parent,” he said. “However, we can’t ignore what abortion is. It is using violence to take the life of a human being.”
Seago expressed that he was not taken aback by the increasing number of minors who are choosing to travel out of state for abortions. This trend is consistent with the pattern observed among adults, which he believes is a result of a forceful campaign to advocate and endorse abortion.
“There’s been a lot more money that we’ve seen from foundations to travel,” he said.
According to Lucie Arvallo, the executive director of Jane’s Due Process, a nonprofit based in Texas that offers financial assistance to teenagers traveling for abortion care, there has been a significant surge in demand for their services following the implementation of abortion bans in the state.
Before the abortion ban went into effect, teenagers in Texas who wished to end a pregnancy had to obtain parental consent or seek approval from a judge in a procedure called judicial bypass. Arvallo’s organization was initially established in 2001 to offer complimentary legal representation to minors undergoing this process.
Arvallo explained that the organization has had to make adjustments since the implementation of the ban in Texas. The option of judicial bypass is no longer practical, as it would be difficult for a minor requiring an emergency exception to initiate and complete a legal proceeding in a timely manner. Instead, it is often more efficient and convenient to assist the minor in traveling to a state where parental consent is not mandatory.
According to Arvallo, the growing demand for abortion services in states where it is permitted has resulted in longer wait times and increased costs. Furthermore, due to the delays, the procedures are often performed when the pregnancies are more advanced, leading to more invasive procedures.
The cost per client has experienced a significant increase, rising from an average of $700 to $1,500 to a range of $2,100 to $3,000.
‘Their bodies are still developing’
According to Arvallo, clients often express two common themes: the desire to receive treatment in their home communities and feelings of fear.
They ask her, “Will I face any consequences? Will my parent be implicated for assisting me in obtaining this? And who can I trust to discuss this matter safely?”
According to Dr. Anitra Beasley, an OB-GYN and medical director for Planned Parenthood Gulf Coast, the recent restrictions on abortion in Texas have made it much harder for all individuals seeking abortions, especially minors. The fact that travel is now essentially the only option available adds an additional layer of difficulty for these individuals. Each barrier that is imposed on minors is even more burdensome than it is for adults.
Young people should seek out a trusted adult to confide in and assist them in securing an appointment, making travel arrangements, and covering any associated expenses.
According to Dr. Tracey Wilkinson, an associate professor of pediatrics and affiliate professor of obstetric and gynecology at Indiana University, teenage pregnancies often involve more complications compared to pregnancies in adult women.
According to her, complications can also have an impact on the future fertility of patients. In cases where a patient is experiencing excessive bleeding, doctors may need to remove their reproductive organs in order to save their life.
Wilkinson explains that although their bodies have the potential to become pregnant, it is important to recognize that their ability to safely carry a pregnancy to full term is significantly lower. It is crucial to understand that just because they have reached puberty does not automatically mean that their bodies are capable of successfully completing a pregnancy without any harm occurring during the process.
“Imagine the overwhelming experience of giving birth when you yourself are still a child,” she expressed. “Their brains and bodies are both in the crucial stages of development. It’s an incredibly significant event.”
Threats to doctors in other states
Physicians doubt that teenagers in Texas would be able to obtain abortions, even if there were exceptions for cases of rape and incest. This skepticism arises due to the strict and often challenging requirements that such exceptions usually entail. For instance, in some states, the patient is required to report the assault to law enforcement or seek the abortion in the early stages of pregnancy.
According to Beasley, even if a patient meets the requirements and wants to exercise the exception, they may face difficulties in finding a provider in Texas. This is because many clinics in the state have closed their abortion operations. Additionally, three out of the four states surrounding Texas also have strict abortion bans in place.
According to Beasley, it is crucial for individuals to have the autonomy to make decisions about their own bodies, including the option of obtaining an abortion, regardless of the circumstances.
According to Seago from Texas Right to Life, pregnancy in minors is considered to be an unusual occurrence. However, Wilkinson argues that the anti-abortion movement has consistently downplayed or questioned the validity of such stories.
Wilkinson works closely with Dr. Caitlin Bernard, the Indiana physician who gained widespread attention for openly discussing an abortion she carried out on a 10-year-old rape survivor from Ohio.
Initially, numerous politicians and activists who oppose abortion, such as Indiana’s Republican Attorney General Todd Rokita, erroneously insinuated that the story was fabricated. However, the narrative was later corroborated when a 27-year-old man was charged with sexually assaulting the girl. As a result, Bernard’s account was validated. The Indiana Medical Licensing Board subsequently reprimanded Bernard for breaching privacy laws, but her medical license was not revoked.
Wilkinson stated that the response to Bernard’s story highlights the uncomfortable and challenging reality that proponents of abortion bans often try to ignore or deny.
Wilkinson, a pediatrician who collaborates with abortion-performing doctors, shared that within their community, the story didn’t seem particularly shocking. For them, it was just another ordinary occurrence. However, they acknowledged that it’s not the kind of conversation they would like to dominate the public discourse.
According to Joanna Grossman, a law professor at Southern Methodist University who specializes in legal issues affecting women, obtaining comprehensive data on the number of abortions performed in the future may pose an even greater challenge.
According to her, the reason for this is that Republican officials, including Texas’ Republican Attorney General Ken Paxton, have demonstrated a readiness to take legal action against doctors who perform abortions. Just last month, Paxton filed a lawsuit against a physician based in New York for allegedly sending abortion pills to a woman in Texas.
In September, he took legal action against the U.S. Department of Health and Human Services, suing to challenge a privacy rule that restricts the circumstances under which medical providers are required to disclose reproductive health information to state law enforcement authorities.
“Post-Dobbs, we’re certainly going to see less data sharing on abortions,” Grossman said, adding that some states already don’t collect it, such as California. “If you’re an abortion-protected state, you shouldn’t be sharing your abortion data. Why do it? The only people that want it, want it for bad reasons.”
