A report by the Washington Post chronicles how Dorbert and her husband, Lee Dorbert, are expecting their second child and have been told by doctors that the baby has been diagnosed with a fatal fetal abnormality known as Potter syndrome. But, they have said, the doctors could not perform an abortion because of their interpretation of a Florida law that took effect after the supreme court overturned Roe v Wade.
Potter syndrome is a rare condition related to a fetus’s development in the uterus. The syndrome is a result of abnormal kidney growth and function, which affects how much amniotic fluid surrounds the fetus during pregnancy.
It has been deemed a “doubly lethal diagnosis” because babies with malfunctioning kidneys can’t remove deadly toxins from their bodies and can in turn experience renal failure. Additionally, the absence of amniotic fluid in a womb causes a baby to be born without the ability to breathe.
According to Florida’s Reducing Fetal and Infant Mortality law, which was implemented last July, abortions are prohibited after 15 weeks of gestation, with a few exceptions, including one that would allow for a later abortion “if two physicians certify in writing that the fetus has a fatal fetal abnormality and has not reached viability”.
Last November, when the couple’s baby was diagnosed with the syndrome, a maternal fetal medicine specialist told the Dorberts that some parents choose to continue to full term while others opt to terminate the pregnancy through surgery or preterm labor.
The doctor added that he would consult with health system administrators regarding the new law, the Washington Post reports. The Dorberts eventually decided that they would like to terminate the pregnancy as early as they could because babies with the syndrome often die before they are born or end up suffocating within minutes or hours after their delivery.
Deborah Dorbert told the outlet that she recalled the specialist saying that the termination might be possible – but not until between 28 and 32 weeks.
Then, after the specialist consulted with health system administrators regarding the new law, the couple was told that they would have to wait to terminate the pregnancy until the 37th week of gestation – or near full term.
According to a text message Deborah Dorbert received from the coordinator at a maternal fetal medicine office that she visits often, the specialist made his determination after having legal administrators “look at the new law and the way it’s written”, the Washington Post reported.
“It’s horribly written,” the message added.