Jefferson v. Griffin Spalding County Hospital Authority:Court-Ordered Surgery to Protect the Life of an Unborn Child

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Abstract
In Jefferson v. Griffin Spalding County Hospital Authority, the Supreme Court of Georgia affirmed a lower court order requiring a pregnant woman to submit to a cesarian section and other medical procedures necessary to save her unborn child’s life. The court found that the state’s interest in protecting the viable fetus outweighed the pregnant mother’s right to religious practice, right to refuse medical treatment, and parental autonomy. Jefferson appears to stand for the proposition that fetuses have rights that attach at viability and that mothers have a corresponding duty to ensure live births. The decision foreshadows substantial conflict between fetal and maternal rights.

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