Does Florida Law Require a Woman to Remain on Life Support While Pregnant?
End-of-life decisions are deeply personal and often complex—especially when pregnancy is involved. In Florida, the legal framework surrounding life support during pregnancy is governed by Florida Statutes, which outlines the rules for health care advance directives, including living wills and surrogate decision-making. So, does Florida law require a woman to remain on life support while pregnant? The answer is nuanced.
Advance Directives and Pregnancy
Florida law does not automatically invalidate a pregnant person’s advance directive. However, for an advance directive to be honored during pregnancy, it must explicitly state that the patient’s wishes apply even if she is pregnant. This means that unless a woman has clearly documented her desire to withdraw life support during pregnancy, her directive may not be followed in that circumstance.
According to Florida Statutes:
-A living will must include specific language indicating that the patient’s wishes apply during pregnancy.
-A health care surrogate must be expressly delegated authority in writing to make decisions about life-sustaining treatment during pregnancy.
Medical Evaluation and Decision-Making
When a patient becomes incapacitated, healthcare providers must assess her medical condition and determine whether life support is appropriate. This evaluation includes:
-Confirmation of the patient’s condition by attending physicians.
-Consideration of the patient’s known values and preferences.
-Input from family members or designated surrogates, if applicable.
If no valid advance directive exists, Florida law allows for substituted judgment—a process where close family members or legal guardians make decisions based on what the patient would have wanted.
Procedural Safeguards
Florida law requires that:
-Decisions to withdraw life support must align with the patient’s documented wishes.
-Healthcare providers follow specific procedures to ensure transparency and fairness.
-Facilities such as hospitals and hospices provide written information about advance directives to patients.
Why This Matters
Without clear documentation, a pregnant woman’s wishes may be overridden—even if life-sustaining treatment would not result in a live birth or would prolong suffering. That’s why it’s crucial for individuals to:
-Create an advance directive that includes pregnancy-specific instructions.
-Designate a health care surrogate with explicit authority to act during pregnancy.
-Discuss their wishes with family and healthcare providers.
Conclusion
Florida respects a pregnant person’s autonomy—but only if her advance directive clearly states that her wishes apply during pregnancy. To ensure your end-of-life decisions are honored, especially in complex situations like pregnancy, consult with an attorney or healthcare provider to draft a comprehensive and legally sound directive.

Who Do We Help?
Marla Neufeld, Esq., reproductive law and surrogacy attorney in Florida at the law firm of Greenspoon Marder LLP, personally experienced years of infertility and ultimately used a gestational surrogate to build her family. Marla is honored to represent married and unmarried couples (heterosexual and same sex) and individuals seeking to utilize various third party assisted reproductive technologies focusing her legal practice on surrogacy, egg/sperm/embryo donation, and adoptions.
Schedule a Consultation
Greenspoon Marder’s Surrogacy and Reproductive Technology Practice Group, lead by Marla Neufeld, Esq., assists our clients with all legal aspects of third-party reproduction and can assist with legal matters in Florida, California, New York, New Jersey, and Illinois.
200 E. Broward Blvd #1800-A
Fort Lauderdale, FL 33301
marla.neufeld@gmlaw.com
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