What Is a "Life of the Mother" Emergency?

Terms like “woman,” “mother,” “life of the mother,” and “maternal mortality” are still commonly used in abortion statutes and medical research. When used in this article, they should be understood to apply to all birthing persons regardless of gender identity. 

In 2022, the U.S. Supreme Court decided Dobbs v. Jackson Women’s Health. Contrary to Roe v. Wade, Dobbs held that abortion is not a constitutional right. As such, Dobbs gave states the power to allow abortion or ban it altogether. 

Since 2022, state lawmakers have passed a number of abortion restrictions. But even the strictest of these laws contain exemptions. The most common exception is to protect the mother’s life. 

This article discusses abortion exceptions designed to protect a pregnant person’s life. But laws, particularly laws on abortion rights, can change quickly. Talk to a reproductive rights attorney near you to get the latest information. 

The Dangers of Pregnancy

Most pregnancies end with a healthy baby and a healthy birthing parent. But pregnancy, labor, and delivery can be dangerous – even deadly. 

The World Health Organization defines maternal death as any “death of a woman while pregnant or within 42 days of termination of the pregnancy.” According to the Centers for Disease Control (CDC), the most common causes of pregnancy-related death in the U.S. are: 

• Mental health conditions (including suicides and overdoses) 
• Hemorrhage
• Cardiac ailments (e.g., coronary artery disease, hypertension, and preeclampsia) 
• Sepsis and infections 
• Thrombotic embolisms 

Unfortunately, the American maternal mortality rate is quite high. In 2022, the U.S. maternal mortality rate was 22.3 deaths for every 100,000 live births. (For comparison, Canada’s rate was just 8.4 per 100,000.) Sadly, for many people, giving birth in America can literally be a matter of life and death. 

Which States Allow Abortions To Save the Life of the Mother?

Abortion laws in all 50 states – even those with total abortion bans – allow abortions when necessary to save the life of a pregnant person. These laws usually list the circumstances that must be present for the “life exception” to apply. For example, Kentucky’s exemption allows abortions when, in a doctor’s “reasonable medical judgment,” the procedure is necessary to avoid “death or substantial risk of death.” Most life exceptions contain similar language. 

What Does “Life of the Mother” Mean?

While “life of the mother” might seem self-explanatory, several things should be noted. 

First, life exceptions don’t cover all life-threatening medical conditions related to pregnancy. According to the CDC, mental health issues are the leading cause of maternal mortality. Yet, the vast majority of life exceptions only cover physical ailments.

Also, some pregnancy complications are serious but not life-threatening. For example, a doctor tells a pregnant patient that they will lose their fertility without an abortion. But if the fertility issue doesn’t directly threaten their life, they won’t fall within the life exception in most states. If their state doesn’t have a “health of the mother exception,” the abortion may be illegal. 

Finally, these exceptions can be confusing. What if the mother’s condition is not fatal now but almost certainly will be if the pregnancy continues? In light of these questions, it’s not surprising that obstetricians in states with strict abortion laws are often unsure about what they are allowed to do to help patients in these circumstances. 

Because of the uncertainty, many health care providers are reluctant to perform life-saving abortions unless death is imminent. Their caution may be understandable as doctors who perform illegal abortions in states with abortion bans can face fines and even jail time. Nevertheless, if you believe that you were denied an abortion that was legal under the circumstances, you should talk to a reproductive rights lawyer immediately.

What Does Federal Law Say About Protecting the Life of the Mother? 

The Emergency Medical Treatment and Labor Act (EMTALA) is a federal law. It says that emergency rooms in hospitals that participate in Medicare programs must provide stabilizing emergency care – including abortion care – to all patients. 

Recently, a federal district court paused the enforcement of Idaho’s total abortion ban during emergencies because it conflicted with the EMTALA. Idaho asked the U.S. Supreme Court to intervene.

The Court dismissed the case on procedural grounds and left the stay in place. This means that the EMTALA, not the Idaho law, applies in emergency situations. As such, Medicare-funded hospitals across the country must continue to provide emergency abortion care when necessary to stabilize a patient.

But the Supreme Court’s decision did not address the legal issues at the heart of the dispute. As such, the Court could reconsider the subject someday and reach a different result.

What If I Was Denied a Life-Saving Abortion? 

Abortion laws can be complex. Doctors and hospitals often interpret these laws narrowly to avoid legal trouble. Unfortunately, this means that some patients are denied life-saving care that they are entitled to under federal or state law.

If you believe that you were denied medically necessary abortion care, you should talk to an attorney immediately. Use the LawInfo directory to find a reproductive rights attorney near you.