If/When/How has published a research brief on "Pregnancy Exclusion Laws Deny Pregnant People End-of-Life Decision-Making." The brief concludes:
Pregnant people’s decisions should always be respected — from their ability to have an abortion, create a birth plan that is right for them, and have or decline life-sustaining care if they choose to. By overriding carefully considered advance medical directives, these laws infringe upon the liberty and dignity of everyone who can become pregnant, creating an environment of legal uncertainty and ethical conflict. Nobody should have to worry that they will be stripped of their right to decide what will happen to their body, or their loved ones will be put through pain and trauma, on the basis that they are pregnant. States must take action to ensure that people’s control over their own bodies is protected throughout their reproductive lives.
The brief recommends the following policy action items:
1. Repeal Pregnancy Exclusions: The most direct and effective policy solution is the complete repeal of all pregnancy exclusion laws in all states, upholding sex equality, bodily integrity, and medical ethics.
2. Support Constitutional Clarity: Policy efforts should ensure that state constitutions and statutory protections for reproductive freedom and bodily autonomy include everyone, regardless of pregnancy status or medical condition.
3. Promote Uniform Legislation: States should adopt uniform advance directive legislation that explicitly protects the rights of pregnant individuals. This would reduce confusion, ensure consistent application of patient wishes nationwide, and prevent inequities based on geographic location.
4. Educate and Empower Individuals: Governments and healthcare organizations should implement robust public education campaigns to inform individuals about the importance of advance directives, the challenges posed by pregnancy exclusions, and how to best document their wishes, including pregnancy-specific instructions.
5. Provide Clear Guidance for Healthcare Providers: State legislatures and medical boards should issue clear, unambiguous guidance to healthcare providers on navigating their ethical duties to pregnant patients, prioritizing the dignity and autonomy of pregnant patients.