A Texas man is suing a California doctor, claiming that the doctor mailed abortion pills to his girlfriend, violated state and federal law, and caused the wrongful death of his two unborn children.

According to the complaint against Dr. Remy Coeytaux, filed July 20, Jerry Rodriguez is seeking an injunction to stop the doctor from distributing abortion drugs in Texas on behalf of “all current and future fathers of unborn children in the United States.” Rodriguez also seeks $75,000 in damages.

Rodriguez filed the suit after his girlfriend took abortion drugs on two separate occasions to end two pregnancies. The complaint alleges that Rodriguez’s girlfriend became pregnant with his child in July 2024 and planned to keep the baby. Her estranged husband, from whom she had legally separated but not yet divorced, wanted her to abort the baby and ordered abortion drugs from Coeytaux in September.

The husband then gave the drugs to Rodriguez’s girlfriend and both he and the woman’s mother allegedly pressured her into taking them. She was more than 10 weeks pregnant at the time. The Food and Drug Administration has approved the abortion drugs mifepristone and misoprostol for use within the first 10 weeks of a pregnancy.

According to the complaint, the woman again became pregnant with Rodriguez’s child in October, and again planned to keep the baby. However, she proceeded with a medication abortion a second time at her husband’s house in January, even though she was nearly three months pregnant.

The woman is now pregnant for the third time, but the complaint states that Rodriguez fears she will be pressured to have an abortion once more. 

The Daily Citizen reported that Rodriguez alleges that Coeytaux caused the wrongful death of his two children and committed “wrongful acts” by violating Texas law regarding chemical abortions. Under the Texas Health and Safety Code, only Texas-licensed physicians may provide abortion drugs to pregnant women, and only after following specific protocol, such as performing an ultrasound before an abortion is carried out. Abortion is also a felony in Texas, except in cases when the mother’s life is in danger or her health is substantially harmed.

Rodriguez’s complaint also alleges that Coeytaux violated a rarely enforced 1873 federal law known as the Comstock Act, which bans the mailing of “obscene” materials, including materials related to abortion. 

According to the Daily Citizen, the case is the first to challenge — in federal court — shield laws that protect abortion providers from out-of-state investigations.