This resolution condemns laws that prioritize fetal rights over the autonomy of pregnant individuals and urges states to repeal restrictions on reproductive healthcare and advance directives.
Nikema Williams
Representative
GA-5
This resolution condemns laws that grant rights to fetuses, which often strip autonomy from pregnant individuals and their families regarding end-of-life care decisions. It specifically addresses the case of Adriana Smith to highlight how current laws can force life support on brain-dead pregnant people against their or their family's wishes. The bill urges states to repeal restrictive abortion laws and ensure a pregnant person's advance directives are honored, reaffirming bodily autonomy.
This House Resolution is a direct response to the Black maternal health crisis and the tragic case of Adriana Smith, who was kept on life support against her family’s wishes because of her pregnancy status. At its core, the resolution is a powerful statement affirming that personal autonomy and dignity should not be overridden by laws granting rights to a fetus, especially in end-of-life medical decisions. It specifically urges states to repeal laws that force pregnant individuals to remain on life support—or laws that invalidate a person’s advance directive (like a living will) just because they are pregnant.
Think about the advance directive you might have filed with your doctor—that document that tells them what to do if you’re incapacitated. This resolution highlights a chilling reality: in many states, if you are pregnant, those wishes might be ignored. The resolution argues that forcing medical treatment, or life support, on a brain-dead pregnant person against their wishes or their family’s turns their body into an “incubator” and is a violation of civil rights. For busy people juggling work and family, this is about ensuring that the hard decisions you make today about your future healthcare—the ones you hope your family never has to execute—actually hold up, regardless of your pregnancy status.
The resolution doesn't just focus on patient rights; it also addresses the bind doctors are put in. It points out that vague anti-abortion laws, like Georgia’s LIFE Act, create a “chilling effect.” When laws carry criminal penalties, doctors become scared to provide necessary care or honor end-of-life requests for fear of being prosecuted for violating fetal rights. This resolution strongly condemns these laws and urges states to clarify that the pregnant patient's health and well-being must always come first. This could mean fewer legal gray areas for medical professionals, which ultimately benefits patients by ensuring timely, appropriate care.
Beyond end-of-life care, the resolution takes aim at the broader landscape of reproductive rights and racial disparities in healthcare. It strongly condemns the common experience where Black women are not fully believed or properly treated for their pain when seeking medical care—a key driver of the Black maternal health crisis. Furthermore, it encourages states to take specific action: repeal all laws that ban or severely restrict abortion and related services, and repeal laws that prevent advance directives from taking effect for pregnant people. While this resolution itself doesn't change state law—it’s the House urging states to act—it puts significant political pressure on state legislatures to guarantee autonomy and dignity over medical decisions for all pregnant individuals.