ABSTRACT
This chapter discusses the use of advance directives – a common way to ensure such respect in circumstances when a woman is no longer capable of expressing her wishes directly herself. It examines the role of living wills at pregnancy. The chapter describes the regulation of advance directives as they apply to pregnant incompetent women, and also describes the American, Canadian and English legal systems. It analyses the arguments that are invoked in the context of pregnancy limitations under living will legislation. The chapter presents recommendations, considering the Canadian legal approach to living will legislation, in general, and to pregnant women, in particular. Balancing the woman's rights with the state's interests raises objections under four potential sources: the subject of the interests involved, the outcomes of the balance compared to similar conflicting situations, and the process of balancing in itself between the 'parties' involved.
