If you’re pregnant your health care wishes may be overruled by your state law.
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Although health care providers are generally required to comply with the wishes you set out in your health care documents, pregnancy creates a big exception. Some states' laws say that doctors may not withdraw or withhold life support from a pregnant woman – or that such treatment may not be withheld if the fetus can be brought to term.
Because these laws are legally suspect under U.S. Supreme Court rulings that the Constitution protects women's right to choose whether or not to bear children, if you're pregnant or might be in the future, it's a good idea to state in your health care directive whether you want your documents to take effect if you're pregnant.
State Laws
Here is a list of the state laws about the effect that pregnancy has on health care directives.
No Effect = The law in your state does not allow your document directing health care to take effect when you are pregnant.
To Term = The law in your state will not allow your document directing health care to take effect if you are pregnant and your doctors believe the fetus could be brought to term while you are receiving life-sustaining treatment.
No Statute = Your state does not have any law about prohibiting withdrawal of life support if you are pregnant.
|
State |
Law |
|
Alabama |
No Effect |
|
Alaska |
To Term |
|
Arizona |
You may state whether or not you want your health care directions to be carried out if you are pregnant and it is possible for the fetus to develop to the point of live birth. |
|
Arkansas |
To Term |
|
California |
No Statute |
|
Colorado |
To Term |
|
Connecticut |
No Effect |
|
Delaware |
To Term |
|
District of Columbia |
No Statute |
|
Florida |
Life-prolonging procedures will be provided unless you have expressly stated that your health care surrogate may authorize that life-prolonging procedures may be withheld if you are pregnant, or if your health care surrogate obtains court approval for withholding life-prolonging procedures. |
|
Georgia |
Life-sustaining procedures will be provided unless the fetus could not develop to the point of live birth and you expressly state that you want your health care instructions carried out. |
|
Hawaii |
No Statute |
|
Idaho |
No Effect |
|
Illinois |
To Term |
|
Indiana |
No Effect |
|
Iowa |
To Term |
|
Kansas |
No Effect |
|
Kentucky |
No Effect |
|
Maine |
No Statute |
|
Maryland |
You may indicate whether or not you want your health care directions carried out in the event of your pregnancy. |
|
Massachusetts |
No Statute |
|
Michigan |
If you are pregnant, your health care representative cannot make any medical decision to withhold or withdraw treatment that would result in your death. |
|
Minnesota |
You may indicate whether or not you want your health care directives to be carried out in the event of your pregnancy. |
|
Mississippi |
No Statute |
|
Missouri |
No Effect |
|
Montana |
To Term |
|
Nebraska |
To Term |
|
Nevada |
To Term |
|
New Hampshire |
Life-sustaining treatment will be provided unless your doctors conclude that such treatment will not permit the fetus to develop to the point of live birth, or that such treatment will cause you physical harm or prolong severe pain that cannot be alleviated by medication. |
|
New Jersey |
You may indicate whether or not you want your health care directions to be carried out in the event of pregnancy. |
|
New Mexico |
No Statute |
|
New York |
No Statute |
|
North Carolina |
No Statute |
|
North Dakota |
Life-sustaining procedures will be provided unless those procedures will not permit the fetus to develop to the point of live birth, or your doctor concludes that prolonging your life would cause you physical harm or severe pain, or would prolong severe pain that cannot be alleviated by medication. |
|
Ohio |
To Term |
|
Oklahoma |
You may indicate whether or not you want your health care directions carried out in the event of pregnancy. |
|
Oregon |
No Statute |
|
Pennsylvania |
Life-sustaining procedures will be provided unless your doctors conclude that the fetus could not develop to the point of live birth with continued application of those life-sustaining procedures, or prolonging your life would be physically harmful to you or cause you pain that could not be alleviated by medication. |
|
Rhode Island |
No Effect |
|
South Carolina |
No Effect |
|
South Dakota |
Life-sustaining procedures will be provided unless your doctors conclude that the fetus could not develop to the point of live birth with continued application of those life-sustaining procedures, or that prolonging your life would cause you physical harm or prolong severe pain that cannot be alleviated by medication. |
|
Tennessee |
No Statute |
|
Texas |
No Effect |
|
Utah |
No Effect |
|
Vermont |
You may indicate whether or not you want your health care directions carried out in the event of pregnancy. |
|
Virginia |
No Statute |
|
Washington |
No Effect |
|
West Virginia |
No Statute |
|
Wisconsin |
No Effect |
|
Wyoming |
No Statute |
Learn More
You can find everything you need to know about creating a living will and other health care documents in Nolo's Legal Encyclopedia.