A Texas father has filed a lawsuit against an abortion doctor for wrongful death in what could be an unprecedented legal case. Plaintiff Jerry Rodriguez has accused Dr. Remy Coeytaux in California of mailing his girlfriend two separate abortion pills to end two pregnancies, thus “murdering” his unborn children. Rodgruez asserts that his girlfriend’s estranged husband pressured her to take the pills. The first abortion allegedly took place in September 2024 and the second in January 2025. Ultrasound images included in the complaint are allegedly of the second pregnancy, which was a baby boy.

The case could revive the 1873 Comstock Act, which prohibited the mailing of abortion-related materials. The lawsuit is requesting $75,000 in damages for Rodriguez, as well as a certification of a national class of “fathers of unborn children,” and a permanent injunction against Coeytaux mailing such pills. The lawsuit also includes Venmo transactions allegedly made from Rodriguez’s girlfriend to Coeytaux. Rodriguez’s attorney, Jonathan Mitchell, is accusing Coeytaux of violating several Texas state laws, such as the requirement that all abortions must be administered by in-state physicians, but only after informed consent and a mandatory ultrasound. Abortions must also be done at licensed abortion facilities. “Assisting a self-managed abortion in Texas is an act of murder,” Rodriguez asserted in the complaint.

The lawsuit could impact so-called shield laws, which pro-abortion states have passed to protect abortion providers who provide abortions for out-of-state clients. Shield laws, according to many pro-life advocates, allow abortion to continue at high levels. A recent study found that abortions had increased after Roe was overturned, thanks in part to shield laws that allow doctors to mail abortion pills across state lines. Coeytaux has not released an official statement regarding the lawsuit, but if it passes some procedural hurdles, it could dramatically change the abortion landscape.

Rodriquez’s request to give expectant father’s legal protections could also create an interesting, and complicated legal case. Pro-life advocates have highlighted the heartbreak of fathers who begged girlfriends and wives not to abort their unborn children without success. Live Action shared stories of men who experienced loss through abortion in a series called “Stolen Fatherhood.” Studies have also shown that men suffer mental health consequences from abortion as well.