Mark T Holcombe

Life, Death, and the Law: Brain Death and Fetal Rights

This learning module examines a Georgia case where a brain-dead pregnant woman was kept on life support under abortion law. Students explore the science of fetal development, the legal definition of life and death, and the ethical conflicts between autonomy, state authority, and moral responsibility.

Learning Module: Brain Death, Fetal Development, and Moral Interests

Ethical, medical, and legal complexities in Georgia abortion case

 

Overview

This module examines the ethical, medical, and legal complexities arising when a brain-dead pregnant woman is maintained on life support in order to carry a fetus to term under Georgia’s abortion ban.

 

Learning Objectives

  • Explain the facts of the Georgia case involving a brain- dead woman and fetal
  • Analyze the scientific realities of fetal cardiac development at six weeks.
  • Compare this case to similar moral cases studied in Critical Moral Reasoning: An Applied Empirical Ethics Approach.
  • Identify and justify the inclusion of multiple parties of interest.
  • Apply ethical frameworks to competing claims of moral status, autonomy, and public

 

The Case

 

Legality vs Morality

Exercise:

  • Create a table identifying moral claims and legal claims made in the articles and in comments to the

 

Case Summary

  • In Georgia, a woman who suffered brain death was kept on life support because the state’s abortion law prohibits ending a pregnancy after fetal cardiac activity is detected, typically around six weeks.

 

  • Her family wished to withdraw life support, but medical staff informed them they were legally obligated to sustain her body until the fetus could be The fetus was ultimately delivered prematurely but did not survive.

 

Scientific Fact Check

  • Research the biological facts regarding a “fetal heartbeat” at six weeks of
  • Include other relevant scientific

 

Exercise

  • Analyze why Georgia law equates electrical cardiac activity at six weeks with a ‘heartbeat.’
  • How does this definition align (or misalign) with scientific fact?
  • Research Harvard’s Criteria for Brain Death and why it replaced cardiac function as a moral and legal definition of

 

Defining Life

  • Brain function determines moral and legal
  • What standard should be used to determine moral and legal life?
    • Biological vs Biographical

 

Comparative Analysis with Critical Moral Reasoning

  • Persistent Vegetative State and Organ Donation – autonomy and bodily
  • Maternal-Fetal Conflict Cases – autonomy vs. potential
  • End-of-Life Decisions – state family authority.
  • Animal Rights – Consistent application of axiology

 

Exercise

  • Identify at least two parallels and two differences between this case and those in Critical Moral Reasoning: An Applied Empirical Ethics Approach.
    • (The prior slide is a guide)

 

Parties of Interest

  • The Woman (deceased)
  • The Fetus
  • The Family
  • Physicians and Hospital:
  • The State of Georgia
  • The Broader Public

 

Exercise

  • For each party listed, explain why they qualify as a party of
  • Whose interests conflict most directly, and why?
  • Using the axiology contained within Georgia’s abortion ban law, what other species meet that criteria?
    • What is the moral consequence of applying that criteria to other species?

 

Moral Argument

  • Write a moral argument for this case
    • Refer to Critical Moral Reasoning: An Applied Empirical Ethics Approach for the necessary components.

 

Discussion Questions

  • Does maintaining life support for a brain-dead woman respect life or

violate autonomy?

  • If the hospital had not placed the brain dead woman on life support,

what would have happened to the fetus?

  • Would that be morally and legally equivalent to an abortion?
  • Acts of omission vs acts of commission
  • How should medical facts about fetal development influence legislation?
  • If the fetus had survived, would that change your moral evaluation?
  • Should state interest in fetal protection outweigh family wishes?

 

Concluding Reflection

  • This case highlights tensions between biological facts, moral philosophy, and legal definitions of life.
  • Ethical reasoning requires balancing science, autonomy, and state Students must articulate principles and weigh perspectives before forming conclusions.