A Texas woman asked a judge Tuesday to allow her to have an abortion despite the procedure’s near-total ban in the state, arguing that her fetus was likely is not viable and that continuing the pregnancy jeopardizes her health.

In a lawsuit first filed in Travis County (Texas) Circuit Court against Texas Attorney General Ken Paxton, Kate Cox, who is 20 weeks pregnant, asked for a temporary order that would allow her doctor have an abortion without prosecution.

He urged the court to rule “diligently.”

Cox said her fetus was recently diagnosed with a genetic abnormality called trisomy 18, which usually prevents pregnancy.

Cox’s doctors told him that if he was born alive, the baby will likely live only a few days. Cox claims that because she has already had two C-sections, she will have to have a third if she continues the pregnancy, which could jeopardize her ability to have more children, according to the lawsuit.

“However, due to the Texas abortion ban, Ms. Cox’s doctors advised her that “their hands were tied” and that she would have to wait until her child is dying inside her or carry the pregnancy to term, after which she would have to have a third C-section only to watch her baby die,” the lawsuit states.