Thomas More Society Represents Father in Lawsuit Against Those Who Assisted His Then-Wife’s Illegal Abortion

Attorneys from the Thomas More Society have filed the first-ever wrongful-death lawsuit brought by a father of an unborn child that was killed in an illegal abortion. The plaintiff, Marcus Silva, is suing three women—Jackie Noyola, Amy Symmank Carpenter, and Aracely Garcia—who assisted his then-wife’s unlawful abortion by providing her with illegally obtained abortion pills and conspiring with her to conceal the pregnancy and the abortion from her husband. Silva will also sue the manufacturer of the mifepristone that was used in the abortion, once the manufacturer is identified in discovery. The lawsuit was filed in Galveston County District Court on March 9, 2023.

“Abortion harms not only the unborn children who are killed, but also the fathers who have had their fatherhood stolen from them,” Peter Breen, Executive Vice President and Head of Litigation at the Thomas More Society. “We commend Mr. Silva for stepping forward, and we will help any father who seeks justice on behalf of his unborn child who is killed in an unlawful abortion.”

The Texas wrongful-death statute imposes civil liability on anyone who assists an illegal abortion, and abortion has been outlawed in Texas since June 24, 2022—the date on which the United States Supreme Court announced its ruling in Dobbs v. Jackson Women’s Health Organization. The abortion of Silva’s child took place in July 2022, after the Dobbs ruling. Self-managed abortion has been illegal in Texas even prior to Dobbs decision. The women who assisted with this illegal abortion also face the prospect of murder charges, as Texas law defines the crime of murder to include the intentional killing of an unborn child and assisting in a self-managed abortion, according to Texas Penal Code §§ 1.07, 19.02, 19.06. Silva is not bringing any claims against his former wife, who is immune from civil and criminal liability under Texas law.

The petition alleges that Silva’s wife, upon discovering that she was pregnant, sought help in obtaining illegal abortion pills from Noyola and Carpenter, and the trio conspired in a series of text messages to murder the Silvas’ unborn child with abortion-inducing drugs. Noyola and Carpenter each offered to allow the pregnant  Silva to use their residences for the abortion, and Noyola conspired with Garcia to obtain the abortion pills in Houston and deliver them to Silva, that she might abort her baby.

Briscoe Cain, an attorney for Marcus Silva and a member of the Texas House of Representatives, warned that Texas law authorizes wrongful-death lawsuits against anyone who distributes or manufactures abortion pills used by Texas residents, and that Silva’s legal team will sue anyone else found to be involved in the manufacture or distribution of the abortion pills used by Silva’s wife.

“Anyone involved in distributing or manufacturing abortion pills will be sued into oblivion,” Cain said. “That includes CVS and Walgreens if their abortion pills find their way into our state.”

Breen added, “It’s well past time to hold accountable those who are involved in the distribution and manufacture of these murderous drugs.”

Read the Plaintiff’s Original Petition filed by Thomas More Society attorneys, with former Solicitor General of Texas Jonathan Mitchell listed as lead attorney, on March 9, 2023, in the District Court of Galveston County, Texas, in Marcus Silva v. Jackie Noyola, et al, here.