Restrictions on Abortion
In Texas, the following restrictions on abortion were in effect as of January 1, 2014:
• A woman must receive state-directed counseling that includes information designed to discourage her from having an abortion and then wait 24 hours before the procedure is provided.
• The use of telemedicine for the performance of medication abortion is prohibited.
• The parent of a minor must consent and be notified before an abortion is provided.
• Public funding is available for abortion only in cases of life endangerment, rape or incest.
• A woman must undergo an ultrasound before obtaining an abortion; the provider must show and describe the image to the woman. If the woman lives within 100 miles of an abortion provider she must obtain the ultrasound at least 24 hours before the abortion.(guttmacher.org,01-25-14)
Conditions to keep fetus alive:
A pregnant woman who suffers brain death before her fetus reaches the point of viability deserves to have her interest in refusing medical treatment respected, provided that she articulates this interest while she is competent (Gregorian, 2010). The first Subsection will discuss the manner in which the courts should weigh the competing interests of the state with the interests of the mother when the mother has clearly stated her preferences regarding the refusal of medical treatment while pregnant in an advance directive (Gregorian, 2010). The [*420] second Subsection will discuss the manner in which courts should weigh the competing interests of the state with the interests of the mother in the more likely scenario: when the mother has not created an advance directive, or has created one but without specifically addressing her pregnancy. (Gregorian Alexis, 2010)
A pregnant woman who suffers brain death after her fetus reaches the point of viability retains an interest in refusing medical treatment (Gregorian, 2010). However, at the point of viability, the state's interest in the potentiality of life, in accordance with Roe and Casey, becomes compelling and should be accorded more weight than the post-mortem mother's interest in refusing treatment (Gregorian, 2010). The framework provided by the Casey court mandates that post-viability, the state's interest in the potentiality of life must yield only if the continued pregnancy poses a danger to the health or life of the mother. Obviously, in a situation involving a post-mortem pregnant woman, concern for the health or life of the mother is no longer a factor. (Gregorian Alexis, 2010)
Should a conflict arise over whether to maintain a post-mortem pregnant woman on life-sustaining treatment post-viability, a court should resolve the conflict in favor of the state's interest in potential life and order that the woman be maintained on life-sustaining treatment until the fetus can be safely delivered? Such a resolution is consistent with the Supreme Court's abortion jurisprudence (Gregorian, 2010)....