A new Center lawsuit seeks to expand abortion access for families who have received fatal fetal diagnoses.

09.16.26 (PRESS RELEASE) – Today, the Center for Reproductive Rights filed a lawsuit on behalf of two Oklahoma women denied abortions, as well as two physicians and a reproductive justice organization, seeking to expand abortion access for families facing fatal fetal diagnoses. Magon Hoffman and Sheena Hamlin were denied abortion care in Oklahoma after learning their babies were not going to survive, forcing them to flee the state in the middle of their family tragedies. If they had not been able to leave Oklahoma, both women would have been forced to remain pregnant — potentially risking their health — without any hope of bringing their babies home with them. The lawsuit filed today argues that it is unconstitutional to force women to remain pregnant in these dire situations and that Oklahomans should have the freedom to decide what’s best for themselves and their families.

“It’s unthinkable the pain these families went through because of Oklahoma’s abortion bans,” said Nancy Northup, president & CEO of the Center for Reproductive Rights. “Forcing women to give birth knowing they won’t be bringing a baby home is pure cruelty. Every pregnant person should get to decide what is best for their family based on their own beliefs, values, and medical circumstances. The government should have no place in that. We’re suing to hold the state accountable for the pain lawmakers have caused these families, and to make sure no other families suffer in this way.”

The lawsuit challenges two Oklahoma abortion bans, including its 1910 “pre-Roe” total abortion ban. In 2023, in a case brought by the Center, the Oklahoma Supreme Court recognized that the state constitution protects the right to life-preserving abortion care. However, people facing fatal fetal diagnoses continue to be denied care in the state, making these difficult moments even more traumatic. Doctors have been forced to turn away their patients as they face up to five years in prison and the loss of their medical license for violating the state’s total abortion ban. That means families in these situations have only two options: travel long distances out of state for care, if they can, or continue pregnancies — only to give birth to a stillborn or a baby that will die soon after birth.

Plaintiffs are asking the court to affirm pregnant Oklahomans’ state constitutional right to access care in their home state when they receive fatal fetal diagnoses.

Quotes from plaintiffs:

“My family knew immediately that getting an abortion was the right decision for us, especially so I could be here and healthy for my eldest daughter. But Oklahoma turned the hardest day of my life into weeks of needless suffering on top of our grief,” said lead plaintiff Magon Hoffman. “I had to travel eight hours out of state to get care, far from my home, my family, and my support system when I needed them most. Oklahoma is failing families like mine. I’m bringing this case so Oklahomans can have the power again to make the best decisions for our families.”

“My husband and I were crushed when we learned that we would never get to bring our daughter home. We wanted mercy for our daughter — but Oklahoma’s laws denied us that,” said plaintiff Sheena Hamlin. “I should have been able to get the care I needed at home. These laws do nothing to protect mothers and families; they only bring us pain. I’m not a fighter by nature, but I will fight like hell to protect my children, my family, and families like mine from ever having to go through what we did.”

“I have dedicated my life to caring for women from all across our state, including those facing fatal fetal conditions. Doctors routinely provide care according to what our patients want for themselves and their families, but Oklahoma’s abortion bans have left me feeling helpless,” said plaintiff Dr. Elizabeth Pinard, an OB-GYN in Oklahoma City. “I don’t want to tell my patients to leave the state when I can easily give them the care they need right here in my office. This is not how health care should work. My patients deserve access to all of their options for care, and the state needs to allow us to do our jobs.”

“OCRJ continues to fight for access to reproductive healthcare in our state,” said D’Marria Monday, board member of Oklahoma Call for Reproductive Justice (OCRJ). “No one should have to travel hundreds of miles to get life-saving basic healthcare. We believe that life preserving abortion care is essential healthcare, including in cases of fatal fetal diagnoses. Pregnant people’s right to life and liberty includes personal autonomy and bodily integrity.”  

The Center for Reproductive Rights has previously filed lawsuits challenging medical emergency exceptions under state abortion bans in Texas, Idaho, and Tennessee. The women who brought those cases were denied emergency abortion care in their home states despite facing dire health- and life-threatening pregnancy complications. 

In states that ban abortion, rates of infant mortality and pregnancy-associated death have risen since Roe v. Wade fell in 2022. Last year, experts ranked Oklahoma 46^th in the nation for infant mortality.

The Center for Reproductive Rights is dedicated to helping all people access abortion in their communities, including people who are denied care while facing pregnancy complications. If you have been denied care and want to speak to a lawyer about your options, please reach out to [email protected].

The lawsuit was filed by the Center for Reproductive Rights and Herbert Smith Freehills Kramer LLP on behalf of plaintiffs Magon Hoffman; Sheena Hamlin; Elizabeth Pinard, M.D.; Sarah Mashburn, M.D.; and Oklahoma Call for Reproductive Justice.

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