The mother of a 4 year-old with Down syndrome is suing the National Health Service of the United Kingdom for what she claims was a failure to offer her a prenatal test for the disability.

Edyta Mordel, 33, claims that if she had known that her son, Aleksander, had Down syndrome in the womb, she would have aborted the pregnancy.

With the lawsuit, Mordel has said that she is seeking £200,000 ($249,000) compensation for the rising costs of care for Aleksander due to his disability. Mordel is originally from Poland but now lives in the U.K. with her son and his father, Lukasz Cieciura.

Lawyers representing the NHS have argued that hospital records show that Mordel declined a prenatal test for Down syndrome, The Telegraph reported. Mordel is being represented by Clodagh Bradley QC.

According to the lawsuit, records from the Royal Berkshire Hospital indicate that Mordel declined the prenatal test for Down syndrome in 2014 when she was 12 weeks pregnant. In their arguments, the NHS claimed that Mordel decided to decline it after learning that the procedure carries with it a slight risk of miscarriage.

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