When Does Life Begin?

Since the Dobbs decision from the Supreme Court, there has been much discussion about states being able to determine abortion laws in the individual states. This decision has brought about a lot of discussion about when life begins.

There are many people who think that life begins at conception. Others believe that if death is defined as when the heart stops beating, life is defined as when the heart starts beating. Both beliefs are deeply held and there is lots of passion around the subject.

Others believe that it’s a woman’s right to choose whether to end her pregnancy. Most people agree that there should be some limitations on how late abortions should be allowed. But there are those who believe that abortion should be allowed at any point in the pregnancy. That is a small population but equally passionate.

Many states have initiated new laws and they are varied. Some states have initiated the Heartbeat bill and some states will allow abortion without any limitations. Most states are somewhere in between. A heartbeat can be determined at around 6 weeks of pregnancy.

North Carolina has not been in session and no new laws have been passed. Our state passed a twenty week (5 ½ months) ban several years ago. It was negated because of the federal Roe law. It has now been put into effect and is the law in North Carolina. When the session convenes in January, I am certain we will be dealing with this issue again.

Now there is another contentious issue brewing. A recent article in the Wall Street Journal reveals that a group has been formed to draft new guidelines and definitions of when a person is considered brain dead.

According to research at the Hastings Center website, the definition is defined in the Uniform Determination of Death Act which was codified in 1981 by the Uniform Law Commission. The document declares that brain death occurs when, “An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions or (2) irreversible cessation of all functions of the entire brain, including the brain stem is dead.”

The Commission consists of non-partisan lawyers, and it was established over 100 years ago. A recent meeting of the appointed committee included neurologists and philosophers. The purpose is to draft updated uniform revisions to the recommended definitions. States will then be tasked with adopting these changes.

There has been intense debate surrounding the subject, just as there is over the abortion issue. Many people have deeply held beliefs on these subjects. Some families have had objections to the testing to determine brain death on their loved ones.

One member of the committee, advocates for ending the definition of brain death altogether. He stresses that everyone is entitled to protection at the end of life, even if their brain is severely damaged.

Another member argues that ending these definitions will end organ donations for the United States. Brain deaths account for only 2% of hospital deaths but make up the majority of organ donations. That’s a huge consideration for families who have loved ones awaiting organ transplants.

Now there is fear that if a new determination is adopted and the issue goes to the states for consideration, it may open a new can of worms. States may adopt religious exemptions for families that don’t accept brain death for religious reasons or other reasons. Currently New Jersey is the only state with this exemption.

One member points out that states may adopt exemptions and instead of improving uniformity over brain death decisions, it might even become worse.

There are so many things to be considered when making these decisions as a family. We all hope that we won’t be faced with them. Chances are at some point; we may be asked to make these tough decisions as a family member. Hopefully, we will turn to prayer and accept the best advice there can ever be.