The state of Idaho will no longer include a stipulation in its living will template that would force pregnant women to stay on life support until the fetus can be viable outside the womb.
Four women sued the state in 2018 over the document, which includes the line: “If I have been diagnosed as pregnant, this Directive shall have no force during the course of my pregnancy.”
That clause is included in a template for an advanced care directive in Idaho statute, but it isn’t required to be used. Idaho’s advanced care directive law dates back to 2005.
One of the plaintiffs, Chelsea Gaona-Lincoln, said in a statement she’s relieved the case has been settled.
“There is enough for expecting parents in Idaho to worry about; due to the previous pregnancy exclusion, I wasn’t granted that peace of mind with our first child,” Gaona-Lincoln said.
The other three plaintiffs include Anna Almerico, Micaela de Loyola-Carkin, and Hannah Sharp.
After the women filed the lawsuit, officials removed the template from several state websites, though it was still available online through the Idaho Secretary of State.
Idaho federal district court Judge Lynn Winmill ruled in 2021 that the language was unconstitutional and that the state made people believe a pregnant woman’s living will was void until they gave birth.
“Women do not lose these rights because they are pregnant when they fall into a coma,” Winmill wrote in his decision.
The state had appealed Winmill’s decision before entering into the settlement last month.
A new template will be sent to each person who has ever filed a living will with the state as part of the agreement.
It includes three options for pregnant women to choose from:
- If I have been diagnosed as pregnant, this Directive shall be honored in its entirety during the course of my pregnancy
- If I have been diagnosed as pregnant, I direct the following treatment shall or shall not be withheld or withdrawn
- If I have been diagnosed as pregnant, my instructions regarding medical care shall have no force during my pregnancy except that my healthcare agent is authorized to make such decisions for me
State officials also admit no wrongdoing as part of the settlement.
A spokesperson for the Idaho Attorney General's Office declined to comment.
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