An Analysis of the Consequences of the Confusing Fetal-Personhood Laws in the U.S. on Hospitals

In June 2022, the Supreme Court annulled the federal right to abortion, resulting in a great victory for those who believe that life begins at conception across the US. As a consequence, Georgia hastily implemented a six-week abortion ban, and some odd policies ensued. For instance, a pregnant woman can now include a fetus with a detectable heartbeat as a dependant on her state tax return, utilize the carpool lane on the freeway alone, and seek out child-support payments from the father of her unborn child.

 When and how to treat periviable babies is an issue which has caused much confusion. Periviability is the time frame between 21 and 24 weeks of pregnancy, and infants born in this period have a 10-40% chance of survival with intensive care. Although the chance of survival is not very high, those who do survive usually face permanent disabilities. As a result, neonatologists typically work with the parents of such babies to decide whether to resuscitate or to let them pass away.

 The Georgia Living Infants Fairness and Equality (LIFE) Act includes a clause concerning the highly improbable situation of a baby surviving a legal abortion. Georgia's six-week ban has conditions that cover a mother's life being at risk, rape or incest, or if the fetus is predicted not to make it through the pregnancy. Its text states that "if the child is able to maintain life, the available medical help must be provided." Any doctor not adhering to this can be taken to court. The main counsel of a big Georgia hospital has even suggested that the rule may extend beyond aborted fetuses to other premature babies.

 The new hospital policy has already been implemented, and it requires neonatologists to attempt to revive periviable babies even if it goes against the wishes of the parents. An example of this could be a woman who gives birth after five months of pregnancy. The doctor informs her that her baby boy is likely to pass away, even if they take all the necessary steps. The newborn is very small, comparable to the size of a sweet potato, and so delicate that even a slight amount of pressure can tear its skin. If it survives, the bleeding could cause brain damage as well as potential issues with motor skills, vision, and hearing. The hospital may not even have the equipment needed to intubate the baby and help it breathe. Ultimately, the physician must tell the mother that they must attempt to keep the baby alive and that she will be charged for any related costs.

 The Journal of Perinatology reported that the cost of a six-month hospital stay for a 24-week-old infant averages $604,000, which works out to $3,300 per day. As a result, medical personnel in Georgia must comply with the policy or face the consequences of having their license revoked. April Dworetz, a neonatologist at Emory University and bioethicist from the Georgia branch of the American Academy of Pediatrics, expressed that if the policy were implemented at her hospital, she would be forced to resign after 40 years in the field. She stated, "I could not do something that would not be in the best interests of the patient or the parents according to my ethical and moral understanding of the situation."

 One legal professional's evaluation of the law has been contested by other lawyers. To gain a better understanding, the State might choose to prosecute a neonatologist for neglecting to revive babies who were born in the periviable period under the LIFE Act, or receive a statement from the office of the Attorney General. According to Allison Whelan, a professor of law from Georgia State University, this could bring about unintended consequences. If the Attorney General's ruling is that the law applies, all healthcare facilities in the state must adhere to it, even if they had not previously considered it.

 This article was featured in the US edition of the newspaper and was titled "Hippocrates and hypocrisy".