Texas lawmaker wants to give unborn babies a legal voice

Even unborn babies deserve a voice when legal battles involve questions about their best interests, according to Texas state Rep. Matt Krause.

The legislator from Fort Worth is crafting a bill that would protect the rights of unborn babies whose mothers are declared brain dead. The bill would guarantee a legal advocate for the child should such a case land in court. It aims to prevent future cases like the one involving Marlise Munoz and her unborn daughter, Nicole.

In November 2013, medics rushed a comatose Munoz, then 14 weeks pregnant, to the hospital. Doctors believed she suffered a blood clot in one of her lungs. The hospital placed her on life support, but her husband and family wanted her removed from the machines. For two months, the hospital sustained her life under a Texas law that requires treatment for pregnant women.

The case landed in court, and a judge ruled in favor of the family. On Jan. 26, 2014, the hospital removed Munoz from life support, condemning Nicole to death at 20 weeks gestation. Most babies are considered viable outside the womb once they reach the 24th week of pregnancy.

Krause hopes his law will provide a voice in the court for the babies.

“You’ll hear what the family wants, and you’ll also give the pre-born child a chance to have a voice in court at that same time,” he told The Dallas Morning News. “The judge weighs everything and he or she makes their decision based on that.”

As medical technology continues to develop, Texans for Life Coalition President Kyleen Wright foresees a greater need for this bill in the future.

“This is a real thing with modern technology, and many of these babies can be saved,” she said.

Wright said several unborn babies whose mothers are brain dead or comatose have survived. Last summer, doctors in Alaska declared a mother brain dead at 12 weeks gestation. But they provided her life support for nearly 6 months, until they could deliver her healthy baby girl via C-section.

Rebecca Robertson, legal director for the American Civil Liberties Union of Texas, told The Dallas Morning News she believes the bill complicate these cases, inhibiting the family’s ability to seek their best interests. But Krause, who has yet to formally introduce the legislation, said his bill won’t burden families: “Just when they’re already in court, [it gives] legal representation to the unborn,” he told me. “It’s important to speak on behalf of those who can’t speak for themselves.”

Louisiana Gov. Bobby Jindal signed a similar bill into law last year. Sponsored by a Democratic state legislator, the law requires care for mothers who are 20 weeks pregnant and declared brain dead.