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Rep. Krause, Matt

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REP. MATT KRAUSE FILES UNBORN CHILD DUE PROCESS ACT  print page

by: Rep. Krause, Matt
02/26/2015

AUSTIN, TEXAS - Rep. Matt Krause filed H.B. 1901, which would amend the law on withdrawing life-sustaining treatment from pregnant patients and provide a guardian ad litem for unborn children whose mother is unconscious and unresponsive.

“Current Texas law states that life-sustaining treatment may not be removed from a pregnant patient. Should a family desire to remove their unconscious, pregnant family member from life support they must first go to court and get permission from a judge,” said Rep. Matt Krause. “H.B. 1901 amends the law so that even if it appears that the mother is brain dead, as long as the unborn child is maturing and developing, life-sustaining treatment may not be removed. The appointed guardian ad litem’s job is to look after the interest of the unborn child and ensure that the judge has the best information possible on the condition of the child when making their ruling.”

In the event that an unconscious, pregnant mother is on life support and the issue of whether or not to maintain the life-sustaining treatment arises, their healthcare provider must notify the attorney general’s office, who will appoint a guardian ad litem for the unborn child. When the question of removing the life support goes before a judge in court, the guardian ad litem will give a voice to the unborn child and make sure that their interests are well expressed in the court proceeding.

“The Unborn Child Due Process Act will ensure there is a voice for the interests of all persons involved in these cases,” said Emily Kebodeaux, General Counsel of Texas Right to Life. “Having an added voice in court will better equip families in making informed decisions regarding irreversible medical decisions that affect both patients.”

“H.B. 1901 doesn’t force a family to go to court. It only ensures that an unborn child’s voice is heard,” said Rep. Matt Krause. “Our Constitution clearly states that no person shall be deprived of life without due process of law. I will continue to defend that unalienable right for the voiceless.”

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