For as long as I’ve practiced law in Washington, female clients have executed Health Care Directives containing the following clause: “If I have been diagnosed as pregnant and that diagnosis is known to my physician, this directive shall have no force and effect during the course of my pregnancy.” In other words, if a pregnant woman is terminally ill, regardless of whether that woman had an existing Health Care Directive, life-sustaining treatment would continue until either the woman gave birth or miscarried. Because this language was part of the statutory form, it was unclear whether removing it would be legally effective.
That now has changed. On April 16, 2025, Governor Bob Ferguson signed House Bill #1215 into law. This bill deletes the pregnancy exclusion clause from Washington’s Natural Death Act. As a result, women can choose whether to include this pregnancy-related language in their Health Care Directives. If they decide not to, their expressed wishes will be honored.
Do you have any questions regarding Health Care Directives? Please let us know. We’d be happy to help.
Phone: (206) 784-5305
