". . . and having done all . . . stand firm." Eph. 6:13


Lawsuit Begs Question: Should a Father Advocate for His Baby’s Life?

March 13, 2023

When it comes to navigating the minefield of legal controversy after the Dobbs decision, all roads seem to lead back to Texas. In a new wrongful death lawsuit, Texas father Marcus Silva has accused three women of aiding and abetting the killing of his unborn child by providing illegal chemical abortion drugs for his ex-wife. The suit alleges that in July 2022, before the couple had divorced, Silva’s wife Brittni discovered that she was pregnant and had a secret chemical abortion with the assistance of three women, in violation of Texas law. Silva is not pressing charges against his ex-wife; Texas law stipulates that mothers who undergo abortions cannot be prosecuted.

Silva is being represented by attorneys from the Thomas More Society — the same nonprofit law firm that successfully represented pro-life activist father Mark Houck against the accusations of the Department of Justice under the FACE Act. “Abortion harms not only the unborn children who are killed, but also the fathers who have had their fatherhood stolen from them,” said Peter Breen, executive vice president and head of litigation at the Thomas More Society, in a press release. “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.”

Silva’s is the first high-profile case after the Dobbs decision of a father prosecuting those who aided in the killing of his unborn child. In a revealing text message included in the court petition, the mother of the baby writes, “I know either way he [Marcus Silva] will use it against me. If I told him before, which I’m not, he would use it [to] try to stay with me. And after the fact, I know he will try to act like he has some right to the decision.”

It is heartbreaking that the state of any marriage would devolve to the point that a wife would end the life of an unborn child because the baby would prevent an impending divorce — but it is far more heartbreaking that a child’s life would be so devalued as to be callously thrown away.

The reaction from the pro-abortion lobby has been, predictably, outrage. Planned Parenthood Action tweeted, “A husband is SUING three women who allegedly helped his ex-wife obtain medication to terminate her pregnancy. We’re furious — but not surprised. This is the reality anti-abortion politicians have been working to build. We refuse to accept this as the new normal.” Planned Parenthood President and CEO Alexis McGill Johnson followed up by saying, “This is the world politicians in TX and across the country have created — one where you can face legal consequences simply for supporting a loved one’s access to abortion.”

The abortion industry will always be quick to claim that those promoting abortion are “supporting a loved one” while those opposing abortion for any reason are villainized. Through the goggles of the abortion industry, a father being horrified that the mother of their child intentionally killed the baby behind his back primarily demonstrates a lack of support — rather than showing love and concern for the child. On the other hand, the abortion industry is all too quick to collaborate with the many abusive and cowardly fathers who manipulate, pressure, and even force the mothers of their children to have abortions. It’s only “no uterus, no opinion” when the opinion is that the baby should live.

The Silva case serves as a poignant reminder, however, that the life of every child has immeasurable impact on multiple people — even if the child is tragically killed before birth. Many fathers suffer significant psychological, emotional, and spiritual repercussions after a child is taken from them in an abortion. It is essential to communicate that post-abortive healing programs are also open to the fathers of children killed by abortion, whether or not the father participated in the abortion process.

Fathers who have conceived with an abortion-minded mother must be empowered to advocate for the life of their unborn child. Likewise, men who care about a woman considering an abortion should equip themselves with compassionate words of encouragement that will help her consider choosing life for her child. The abortion industry seeks to intimidate men into silence, claiming that contradicting a mother’s desire for an abortion is unsupportive and unloving — but a truly unloving course is to remain silent as she makes a mistake that costs a child his or her life.

For more information about how pro-life men can lovingly advocate for unborn children, check out FRC’s resource “A Man’s Guide to Standing for Life.